Brampton Child Sexual Abuse Civil Lawsuit Lawyer

Lawyer for victims of child sexual abuse seeking compensation.

If you were sexually abused as a child in Brampton you can sue to obtain financial compensation for your losses. Child sexual abuse lawsuits are becoming more common in Ontario as victims realize their ability to sue. Even if the perpetrator was not criminally charged you can still sue them for financial compensation.

In Brampton child sexual abuse lawsuits are filed in the Superior Court of Justice located at 7755 Hurontario Street, Brampton. Many civil child sexual abuse cases will settle outside of court after the lawsuit has commenced.

Not every case goes to trial. If our initial settlement offer is accepted, litigation can be avoided entirely. Our lawyer will send a demand letter prior to commencing litigation.

Child sexual abuse victims can sue even if no criminal charges were ever laid by the police.

The assailant does not need to have been charged for you to sue or receive compensation. This being said, a criminal conviction shows that a court has already concluded that the perpetrator is guilty beyond a reasonable doubt which is a much higher standard of proof than required in civil court (balance of probabilities).

If you were sexually abused as a child by a step parent, relative, teacher, caregiver, professional or anyone else you have a right to sue them in civil court for financial compensation even if they were never criminally charged or found guilty.

Child sexual abuse causes PTSD and other mental health conditions that can negatively impact a person’s career trajectory. Victims of child sexual assault and abuse may have had their earning capacity diminished resulting in substantial financial losses. Victims are entitled to financial compensation from the perpetrator in civil court for these losses.

How much money can child victims of sexual abuse receive?

Judgments are often substantial given the magnitude of the harm caused to child sex crime victims. Civil child sexual abuse lawsuits are a form of personal injury compensation that includes both pain and suffering and loss of earning capacity.

In sexual assault and sexual abuse cases the victim does not need to be physically injured to receive compensation. The law has long held that mental health problems and conditions resulting from child sexual abuse can significantly impact someone’s ability to work.

How does a victim prove that they were sexually abused as a child?

Even if there is “no evidence” (your word against theirs), you can still sue successfully. Your word is evidence.

If you were sexually abused, your memories of what happened are evidence when given as testimony in court or in the form of an affidavit. By saying you were sexually abused or assaulted as a child under oath you are providing evidence for the court to consider. Oral testimony alone is enough for a court to hold an abuser liable and award money to the victim.

Victims of child sexual abuse do not need the assailant to admit to what happened in order to sue them. They do not need video evidence, text messages, third party witnesses, or anything other than their own personal story of what happened to them. Your word itself is evidence in court.

Will I have to go to court and testify in order to receive financial compensation for child sexual abuse?

You may. This depends on whether the assailant chooses to settle the claim for compensation or challenge it via a trial. In cases where the assailant wants to settle early in the process, the victim may not have to testify or give any evidence at all. This is because the case never goes to trial. While a lawsuit may have been commenced, the civil litigation process encourages settlements. Many sexual abuse lawsuits settle outside of court.

An assailant may prefer to settle the case against them for various reasons, including:

1. Accepting responsibility for their actions and wanting to make things right
2. Limiting their exposure to greater financial losses if they lose at trial
3. Not wanting to testify or participate in the court process
4. Not wanting to incur extensive legal fees

Child sexual abuse claims are highly sensitive matters that often involve trusted family members, step parents, and other relatives who may not want to “open up wounds” by going through a rigorous and expensive court litigation process.

In cases where the assailant has already been criminally convicted, the issue is often how much money should the victim receive not whether the sexual assault took place. In some cases the assailant has already pled guilty in court (but this is not needed).

Calculating financial compensation for child sexual abuse

While some cases will hinge on whether any sexual abuse occurred at all (if the assailant denies it), in others the courts have already found them guilty. The perpetrator may have already made admissions of guilt to the victim (perhaps now an adult), their parents, third parties, counsellors, professional regulatory bodies, or other known entities. Sometimes the abuse is well documented and litigation is only needed to determine the amount of money the victim is entitled to for compensation.

If the assailant and the victim can agree on how much compensation is fair, litigation may not be necessary. Some cases will have to go to a civil trial to determine the amount. The money owed to child sexual abuse victims for compensation can be substantial (millions). Some defendants will refuse to settle without judicial oversight.

Where does the money come from for financial compensation?

Cases will either settle or proceed to trial for a judgment (court ordered amount). The money will come directly from the assailant or a third party (employer, insurance company, etc) in cases of vicarious liability. If the assailant is poor (judgment proof) and there is no third party responsible the victim may not be able to receive any compensation.

If the victim obtains a judgment for financial compensation they may be able to collect on it at a future date if the assailant acquires assets. Sometimes the assailant inherits or is expected to inherit a large sum from an estate. If the assailant owns a house and the victim obtains a judgment this can be registered as a lien against the house so that in the event it is sold they will be paid as a debtor out of the proceeds.

A child sexual abuse victim who is aware of their losses and ability to sue should not wait to pursue compensation.

Historical victims of child sexual abuse can still sue. If you are the victim of child sexual abuse and seek financial compensation you should not wait to make a claim.

Victims should seek to obtain a judgment (court order) as soon as possible in most cases, especially if the assailant has known assets or is expected to later acquire property that can be collected against. Time is of the essence both in the ability to successfully sue and collect any amounts owed.

If you were the victim of child sexual abuse in Brampton, Ontario and want to sue or obtain financial compensation, please give lawyer Lenny Hochberg a call now at 416-524-8321 or email lenny@lawonpoint.com for a free case assessment.

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