While most victims of sexual assault are aware that the perpetrator can be charged criminally for their actions, many are unaware that they can sue civilly to be compensated for their losses. In a civil action a claim can be made for pain and suffering, loss of income or loss of earning capacity and for the cost of treatment or other medical and rehabilitation necessary as a result of the assault. In order to pursue the perpetrator of a sexual assault there does not have to be a criminal conviction. While a criminal conviction is strong evidence that can be used in a civil action, it is not necessary. The civil test to prove your case is on the balance of probabilities (over 50%).
In pursuing cases for assault, one must be aware of who will be paying the damages. Sometimes the perpetrator does not have any assets or income. Often, cases are settled by the perpetrator’s employer making a payment. Vicarious liability is a legal term that holds an employer responsible for the actions of their employee in certain circumstances. For example, if you are assaulted by a Priest or a Government employee then the Church or Government agency may be responsible for the damages. Often, there can be insurance coverage for these types of claims.
Another avenue of recovery may be the Criminal Injury Compensation Board. The Criminal Injuries Compensation Board is an independent agency of the Ministry of the Attorney General. It is established under the Compensation for Victims of Crime Act. The Board’s role is to award financial compensation to victims of violent crimes committed in the Province of Ontario. You do not have to be a resident of Ontario or a Canadian citizen. If the crime occurred to you while in Ontario, then you may qualify. Similar to civil claims, there does not have to have been a criminal conviction against the perpetrator in order for you to be awarded compensation.
Raphael Barristers lawyers have been helping sexual assault victims and personal injury victims for over 50 years in Toronto and Southern Ontario. Affordability should not be a concern for people that seek our help. Subject to certain exceptions, we will take on your case and agree to be paid only if we are successful in achieving a settlement or Judgment at trial. That means you would only be required to pay the lawyers fees if a settlement is achieved or Judgment is obtained at trial. If the case is not successful then you would not be charged any fees. Please call Jeffrey Raphael at 416-594-1812 or 1-877-217-1812 for a free consultation or visit: www.raphaelbarristers.com.