Sexual Assault
Personal Injury Lawsuits
Victims of sexual assault and sexual harassment in Ontario have the right to pursue legal action. This can include filing a civil lawsuit, making a human rights complaint, or filing a criminal complaint with the police. A civil lawsuit allows victims to seek financial compensation for harm done, while a human rights complaint seeks a response from the offender.
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Sexual Assault & Sexual Harassment
The issue of sexual assault and sexual harassment has become increasingly prevalent in our society, and a personal injury claim for these types of offenses can be a difficult and emotional journey. It is important to understand the ins and outs of filing a personal injury claim for sexual assault or harassment if you or someone you know has been affected by such a situation.
Sexual assault is any type of unwanted sexual contact or behavior that occurs without the consent of the victim. This includes rape, attempted rape, groping, and other forms of non-consensual touching. Sexual harassment is any unwanted or unwelcome sexual behavior that is offensive, intimidating, or humiliating. This includes sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.
When filing a personal injury claim for sexual assault or harassment, it’s important to establish that the incident occurred and that the victim was harmed as a result. This can be difficult to prove, as the victim must be able to demonstrate that the perpetrator was aware of the victim’s feelings of discomfort or lack of consent. It is also important to consider the legal implications of filing a claim, as some states have statutes of limitations on filing certain types of claims.
When seeking legal representation for a sexual assault or harassment personal injury claim, it is important to find a lawyer who is experienced in this area of law. A lawyer can provide guidance on the legal options available and help ensure that the victim’s rights are fully protected. It’s also important to consider the emotional impact of the case, as the victim may be dealing with a great deal of trauma and stress.
Filing a personal injury claim for sexual assault or harassment can be a difficult and emotional process. It is important to understand the legal implications of filing a claim and to seek experienced legal representation. It is also important to be mindful of the emotional impact of the case and to seek the necessary support for the victim’s mental and emotional wellbeing.
Get the Justice You Deserve
When it comes to filing a civil lawsuit for sexual assault or sexual harassment in Ontario, it is important to seek the advice and guidance of an experienced paralegal. We can provide invaluable assistance in preparing a strong legal case and seeking the most favorable outcome.
Cordaie Paralegal Services can help by conducting a thorough investigation into the facts of the case. We can review relevant documents, interview witnesses, and ensure that the evidence gathered is legally admissible in court. This can be a crucial step in strengthening the legal argument and supporting the claim.
Our team can also provide legal advice about the applicable laws and the potential legal remedies available. This can help a victim to understand their rights and make informed decisions about how to proceed. Additionally, our paralegal can represent the victim in court and advocate for their interests.
In order to form the strongest legal argument, it is important to have the assistance of a strong firm. We can also advise on any potential issues that may arise, such as statutes of limitations, and ensure that all relevant information is presented in a timely and effective manner.
Overall, Cordaie Paralegal Services can provide invaluable assistance in filing a civil lawsuit for sexual assault or sexual harassment in Ontario. We can conduct a thorough investigation, provide legal advice, and represent the victim in court. With the help of a paralegal, a victim can seek justice and compensation for any harm caused.
Discover more by getting a free consultation at 844-4-WIN-4-ME.
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Our team is here to help you with your legal issues. We have provided an overview of the types of cases we handle. In addition, we have provided a frequently asked questions page on our website.
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Sexual Assault & Sexual Harassment
Some information that you should know about sexual assault and sexual harassment lawsuits.
Sexual Violence: Defined
No one is immune to sexual violence in Canada, regardless of their sexual orientation, age, or gender. Any activity that occurs without consent is considered sexual violence. When consent is withdrawn during the activity, it also constitutes sexual violence if it continues afterward.
Sexual Assault: Criminal Code of Canada
According to the Criminal Code of Canada, sexual assault refers to "any unwanted sexual act committed by one person against another or sexual activity undertaken without consent or voluntary agreement" (Department of Justice, 2010).
Part VIII of the Criminal Code of Canada outlines the following offences in a simplified manner:
Section 271
- Sexual assault occurs when someone's sexual integrity is compromised in any way
- Kissing, touching, intercourse, and any other sexual activity without their consent
- A Maximum prison term of 10 years
Section 272
- Sexual assault using a weapon, threats against a third party, and bodily harm to that third party
Sexual assault may take place in any of the following ways:
- Someone who threatens to use a real or imitation weapon sexually assaults a person
- If the offender doesn't consent to a sexual act, the offender threatens to harm a third person, child, or friend
- An offender harms a person
- A person is assaulted by more than one offender at the same time
- A maximum prison term of 10 years
Section 273
- Aggravated Sexual Assault
- The victim is injured, maimed, disfigured, beaten, or in danger of losing their life
- A maximum prison term of life
Sexual Assault: Physical Contact
Sexual Relations With Penetration
- An object or part of the body (finger, penis, tongue) was used to penetrate the vulva or anus
- Penis is used to penetrate the mouth
Attempt to Commit Sexual Assault With Penetration
- Attempted to have sexual relations with another without their consent and without committing sexual penetration
- Sexual touching is usually involved.
*The term sexual assault refers to intentional sexual contact or touching, whether direct or through the victim's clothing
Sexual Assault: Criminal Sexual Harassment
- According to the Criminal Code of Canada, sexual assault does not occur if there is no physical contact
- Criminal harassment may constitute criminal sexual harassment when it involves a sexual context
Sexual Assault: Evidence
Physical Sources
- Body fluids and other DNA-producing evidence can serve as proof of an accused's identity
- It can be used to verify whether a sexual act occurred
- Depending on the circumstances, such as consent, it may or may not be relevant
Testimony
- Any related people, such as accessories, participants, and witnesses, should be included as well
- The accused may or may not testify
- It may be evident in a medico-legal report (trauma, bodily fluid collection, etc.) that physical/medical evidence exists
- Experts can then act as witnesses and vouch for the facts
Photographic and video evidence
- Cases have been reported where the accused took videos that were later used against them to prove their guilt
Sexual Assault: Defences
Consent
Sexual assault cases often involve consensual sexual activity. The following situations may make consent impossible for a court:
- Per the "close-in-age" exception, the complainant is under 16 years old.
- As far as the complainant is concerned, they are not mentally capable of consenting
- Consent cannot be given by an intoxicated complainant
- During the activity, the complainant revoked the consent
Identity
- Victims of sexual assault must identify the perpetrator as the accused
- It is sometimes possible to identify an attacker using forensic tools
Mistaken Consent
- The accused can claim that they honestly believed that the sexual activity was consented to
- There are limits to this defence, such as not taking reasonable steps to verify whether the complainant was consenting, or being self-induced drunk
Sexual activity
- The accused can claim that they never engaged in sexual activity with the victim
- Identifying the motive behind the false complaint requires a thorough interview with the client
- As a result, they will be able to collect evidence discrediting the accused's credibility
Sexual Assault: Place of Employment
Sexual assault can take many forms, such as unwanted sexual advances, requests for sexual favours, and explicit jokes. Sexual assault at work is a common form of gender-based discrimination that occurs when coworkers, supervisors, managers, clients, and even non-employees make disrespectful comments and gestures toward reasonable people. The term can also include gender-based terms and offensive terms, such as "Sweetheart."
Sexual Assault: Clergy
Sexual assault by clergy is a form of sexual contact that occurs without the recipient's consent. It can happen at schools, during vacations, or even at church. In the Catholic church, clergy abuse is typically committed by priests. When clergy abuse occurs, it is defined as any form of physical or sexual contact that takes place without the consent of the recipient. There are many instances where physical abuse is perpetrated by an abuser, such as tickling or other playful, aggressive actions from the abuser. As well as these types of behaviour can also include making suggestive remarks, discussing their sexual exploits, asking about intimate details of their relationships, trying to find sympathy for their partner's sexual inadequacies, or even sending inappropriate gifts.
There is a difference in power between a priest and a member of their congregation, so sexual contact or sexualized behaviour by priests violates professional ethics. It is necessary to be given an unusual amount of attention, to feel uncomfortable or confused during interactions with their religious leader, to be touched in a way that makes the victim feel uncomfortable or upset, to receive personal and inappropriate gifts from the religious leader, and to be invited out for intimate social events to determine if one has been abused by clergy.
Sexual Assault: Nursing Home
In a nursing home, anyone can be sexually assaulted, regardless of their gender, race, or age. Elder abuse and nursing home neglect can take many forms, including physical, psychological, or emotional abuse, neglect, sexual assault, and financial exploitation. Instances of elder abuse are difficult to measure due to many factors, including underreporting, a lack of support for vulnerable seniors, confusion about what elder abuse is, and a lack of understanding.
The warning signs of sexual abuse include sudden, unexplained changes in behaviour or personality, bruising around breasts, upper abdomen, or inner thigh, bleeding from vagina or anus, sexually transmitted diseases, difficulty walking or discomfort when sitting, irritation or itching in genitals, bloody, stained or ripped underwear, unusual fear and anxiety, withdrawal from activities and socialization, acting stressed or fearful around others, particularly the potential assailant.
Abuse and neglect cases in nursing homes are unique and often complex. Depending on the circumstances of your loved one, our team may be able to determine whether your case is viable. This includes incidents and injuries that caused harm, physical or mental limitations, whether the care home has any known history of abuse or neglect, the general appearance of the loved one's environment, the staffing conditions generally, and any other information or evidence that may be helpful.
Sexual Assault: School
An act of sexual assault can severely disrupt a student's academic performance and disrupt their mental stability for years to come. Financial compensation and settlements may be available to victims. Forced, unwanted sex or sexual acts, attempted rape, fondling or unwanted sexual touching, forcing a victim to perform sexual acts, penetrating the victim's body, and indecent assault are examples of sexual assault. The perpetrator is responsible for sexual assault, which is a serious crime that can take many forms.
Victims can file lawsuits against their perpetrators for financial compensation and settlement for damages.
Sexual assault can take many forms and interfere with the right to equal educational opportunity. The teacher, for instance, is in a position of power over their students, creating a very fertile ground for sexual abuse. As a result, an increase in criminal prosecutions of teachers and student suits for sexual assault has occurred.
Sexual Assault: Types of Compensation
The amount of compensation that may be available depends largely on the type and severity of the injuries and damages sustained by your loved one. You may also be eligible for compensation in some legal cases, but there are no guarantees:
Pecuniary Damages
- Damages that can easily be quantified
- Including surgical interventions, doctor's visits, physical therapy, emergency transportation and hospitalizations
Non-Pecuniary Damages
- It is difficult to place a value on these damages
- Among them are emotional trauma, disfigurement, post-traumatic stress disorder (PTSD), depression, anxiety, and loss of enjoyment of life
Frequently Asked Questions
Here are answers to some common questions.