Recognition. Accountability. Dignity.

Civil Sexual Assault Claims

The effects of sexual assault are complex and far-reaching, and can have profound and lasting effects on every aspect of a person’s life. Many survivors continue to live with the emotional, psychological, physical, and financial consequences of abuse long after the assault itself has occurred. These impacts can persist for years and, in some cases, for a lifetime.

A civil claim cannot undo what happened. However, it can provide recognition for the harm that was caused, a path towards accountability, and financial compensation for the losses that result. At Rodin Law Firm, we represent survivors of sexual assault with compassion, discretion, and respect. We understand the sensitive nature of these cases and are committed to providing thoughtful guidance throughout the legal process.

Understanding Civil Sexual Assault Claims

EXPERIENCE MATTERS

Many people are familiar with the criminal justice system, and the prosecution which may follow a sexual assault. However, many are unaware that sexual assault may also give rise to a civil claim.

A civil claim is separate from a criminal prosecution. Unlike criminal prosecution, which is intended to punish the assailant, a civil claim focuses on the survivor, and is intended to provide financial compensation for the harm which was suffered as a result of the assault. In many cases, a civil claim can proceed regardless of whether criminal charges were ever laid, whether a conviction was obtained, or how much time has passed since the assault occurred. In Alberta, there is generally no limitation period for civil claims arising from sexual assault. As a result, survivors may be able to pursue compensation even where the assault occurred many years, or even decades, in the past.

Every case is different, and obtaining legal advice is often the best way to understand what options may be available.

Who Can be Held Responsible

In some cases, the civil claim will be brought against the individual who committed the assault. In other circumstances, additional individuals or organization may bear legal responsibility. Depending on the circumstances of each case, such claims may involve:

  • Educational institutions;
  • Religious organizations;
  • Youth organizations;
  • Sports organizations;
  • Residential care facilities;
  • Employers; or
  • Other institutions responsible for the safety and supervision of vulnerable individuals.

Determining who may bear legal responsibility for a civil sexual assault claim required careful investigation and analysis of the specific circumstances involved.

Historical assaults may require investigation of events that occurred many years ago. Institutional claims may involve complex questions regarding supervision, negligence, and organizational responsibility. Claims frequently require careful consideration of privacy concerns, psychological injuries, and sensitive personal information. Because of these complexities, it is important to work with lawyers who understand both the legal and practical challenges that arise in these cases. Our firm has experience handling complex civil litigation and understands the careful, thoughtful approach these matters require.

A Thoughtful and Client-Centred Approach

We understand that speaking about a sexual assault can be difficult. Our role is not only to provide legal advice, but also to ensure that clients feel heard, respected, and supported throughout the process.

We approach these matters with sensitivity and professionalism, and take the time to understand each client’s circumstances, explain the legal process clearly, and develop a strategy that reflects the client’s goals and priorities. Some clients wish to pursue a claim immediately, while others simply want to understand their options before deciding how to proceed. Whatever stage you may be at, we are committed to providing honest advice and practical guidance, ensuring your comfort, confidence, and dignity at every turn.

FREQUENTLY ASKED QUESTIONS

Taking the first step toward exploring a civil sexual assault claim can be difficult. It is natural to have questions about your rights, the legal process, and what you can expect if you decide to pursue a claim.

Here, we have answered some of the questions we hear most often. If you have additional questions or would like to speak with one of our lawyers, we invite you to contact our office. There is no obligation to proceed, and all discussions will remain strictly private and confidential.

Can I bring a civil claim for sexual assault or sexual violence even if there were no criminal charges?
Yes. A civil sexual assault claim is separate from criminal proceedings, and may be pursued regardless of whether criminal charges were ever laid. Whereas criminal proceedings are focused on punishing the wrongdoer and ensuring public safety, a civil claim is focused on compensating the victim for the harms they have suffered at the hands of their assailant. Because civil and criminal proceedings have different purposes and different legal standards, it is possible for a civil claim to succeed even where criminal charges were never laid, were withdrawn, or did not result in a conviction. Every case is unique. Whether a civil claim may be available will depend on the specific circumstances involved, and obtaining legal advice can help you better understand the options that may be open to you.
No. In Alberta, there is generally no limitation period for civil claims arising from sexual assault. This means that a survivor may pursue a claim even if the assault occurred many years, or even decades, ago. The removal of the limitation period in cases involving sexual violence recognizes the reality that many survivors are not in a position to come forward immediately following an assault. The effects of trauma, personal circumstances, and many other factors may delay a person’s decision to seek legal advice or pursue a claim, and the law recognizes that survivors may choose to come forward in due time, when they are ready to do so. However, while the passage of time will not necessarily prevent a claim, it can create practical challenges. Records may no longer exist, witnesses may become difficult to locate, and evidence may become more difficult to obtain and preserve. For this reason, it is important to seek legal advice as soon as reasonably possible. An early assessment can help identify potential sources of evidence and provide guidance regarding the options that may be available in your particular circumstances.
Protecting the privacy and dignity of survivors is a central consideration in civil sexual assault claims. While every case is unique, there are a number of legal tools that may be available to help protect a claimant’s privacy throughout the litigation process: the Court may permit a claim to proceed using a pseudonym or initials rather than a person’s full name, and confidentiality agreements, sealing orders, publication restrictions, and other protective measures may also be available in appropriate cases. Although it is impossible to guarantee complete confidentiality once legal proceedings have commenced, every reasonable step will be taken to safeguard your privacy, limit unnecessary disclosure of sensitive personal information, and ensure that your claim is advanced with dignity and respect.
The process typically begins with a confidential consultation, during which you will have an opportunity to discuss your circumstances with a lawyer, ask questions, and learn more about your legal options. Initial consultations are entirely private, confidential, and free of any cost or obligation. The purpose of this meeting is to allow you to better understand your rights, and help us determine whether pursuing a claim is appropriate in your particular circumstances. If you decide to move forward, your legal team will begin gathering and reviewing available evidence, which may include medical records, counselling records, institutional records, witness information, and other relevant documentation. Once the necessary investigation has been completed, legal proceedings may be commenced against the responsible individual, institution, or both. Your claim will then proceed through the litigation process, which may involve the exchange of records, questioning of the parties, settlement discussions and/or mediation, and, where necessary, trial. Though every case is unique, trial is rare and the vast majority of cases will be resolved without requiring a trial. At each stage, your legal team will provide clear guidance, practical advice, and ongoing support to ensure that you understand the steps being taken and the options available to you.
Yes, in certain circumstances. While civil sexual assault claims are often brought against the individual responsible for the assault, there may also be situations where an institution bears legal responsibility for the harm suffered. Depending on the circumstances, this may include schools, religious organizations, employers, sports organizations, youth groups, care facilities, or other organizations entrusted with the care, supervision, or protection of vulnerable individuals. Institutional liability can arise where an organization knew or ought to have known of a risk of abuse, failed to take reasonable steps to protect those in its care, failed to properly investigate complaints, or otherwise contributed to the circumstances that allowed the abuse to occur. In some cases, a claim against an institution may remain available even where the individual responsible for the assault has died or cannot be located. Whether an institution may be legally responsible will depend on the specific facts of the case. An early legal assessment can help identify all potentially responsible parties and determine what legal options may be available in your circumstances.

Speak with a Lawyer in Confidence

If you have been the victim of a sexual assault or are considering a civil sexual assault claim, we invite you to contact our office for a confidential consultation, at no cost. We would be pleased to discuss your circumstances, answer your questions, and help you to determine the options available to you. There is no obligation to proceed, and all discussions remain strictly private and confidential.

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