Sexual Abuse Lawyer: Compensation Without Criminal Charges

Canadian sexual assault and child abuse victims can receive financial compensation even if the perpetrator was never charged or they did not report the crime to the police.

Victims of sexual assault and child sexual abuse can pursue and receive financial compensation from their assailant and vicariously liable third parties even if:

1. the victim never went to the police to report the crime
2. no criminal charges were laid by the police (reported or not)
3. the perpetrator was charged and the charges were dropped
4. the perpetrator was charged, went to trial, and was found not guilty.

Yes, even if the perpetrator was found criminally not guilty they can still be held civilly liable and have to pay the victim. This is because the civil court and the criminal courts in Canada are entirely different systems with different standards of proof.

Financial compensation for sexual abuse is civil law. In the civil law system, the burden of proof is on a balance of probabilities (50/50) as opposed to a criminal standard of beyond a reasonable doubt (near certainty). It doesn’t matter whether the police laid charges or not. It also doesn’t matter if the assailant’s charges were later dropped by the Crown.

It doesn’t even matter if the assailant was found not guilty. You can still sue them successfully. Our lawyer routinely launches civil sexual assault lawsuits against perpetrators who were never charged or convicted.

The burden of proof in civil court is significantly lower than in criminal court therefore no charges or conviction is needed to receive compensation money.

In civil court, if the judge or jury believes your story to be true on a balance of probabilities (anything more than 50% certain) it will rule in your favour. Then the only question will be calculating the amount of damages (money owed) in compensation for the sexual abuse that occurred. Judgement amounts can range into the millions when pain and suffering, lost income, and diminished earning capacity are accounted for.

Negotiated settlements and payments outside of court

Since the risks to the assailant when served with a civil sexual abuse lawsuit are so great, they may choose to settle the case outside of court. In these circumstances the victim will forfeit their right to sue in exchange for an out of court settlement that is agreed upon. Settlements can be made directly between you and the assailant.

A mediator or other alternative dispute resolution (ADR) practices may be used to encourage settlement. If no settlement is reached, an agreed upon third party arbitrator may be appointed to hear each side and decide the case. Using legally binding arbitration avoids an expensive civil trial and allows both parties to set their own parameters about what will happen (such as minimum and maximum settlement amounts). The victim and perpetrator both must voluntarily agree to arbitration up front in order to use it.

Both the victim and the assailant will discuss their options with their lawyers (if represented) in hopes of reaching a resolution. Sexual assault and child sexual abuse civil lawsuits settle for the same types of reasons as any other litigation. A settlement resolution means certainty for both parties. It also limits the overall financial exposure of the defendant, reduces their legal fees, and allows them to avoid testifying (if that matters to them).

How much money can a victim of child sexual abuse or sexual assault receive in compensation?

In Canada, civil courts have awarded victims of sexual assault significant amounts in compensation. Judgements and settlements can be over $1,000,000 in some cases. The victim is entitled to compensation for lost earnings and diminution of earning capacity along with significant damages for pain and suffering.

Some assailants are unable to pay the large settlement amount or court award because they are poor (judgement proof). Unless a third party such as an employer is vicarious liable (legally responsible) the victim may be out of luck. It is easier to collect the money if the assailant has assets such as a house, pension, investments, or other property that can be seized if they don’t pay what is owed.

If the assailant is judgement proof and no third party is vicariously liable, the victim will be out of luck unless the assailant’s financial situation improves in the future. An assailant may be able to pay once they start a new career, receive an inheritance, or otherwise come into money. The victim can seize assets and place liens on real property with a court order if the assailant later acquires them.

Will it look bad if I go to a civil lawyer first to seek compensation before going to the police?

Victims of sexual assault are not responsible for criminally prosecuting offenders. There are many reasons why a victim may choose to seek money from their assailant without going to the police that have nothing to do with whether they are telling the truth or not, including:

1. The victim may not want to testify in criminal court and/or is worried about privacy issues. While steps are taken to protect the privacy and psychological experience of alleged victims of sexual assault in criminal court, some still feel intimidated by this process and wish to avoid it if possible.


2. They may not want to see their abuser go to jail. The perpetrator may be a close relative or someone the victim is currently financially dependent upon. If they go to jail and get a criminal record they may lose their ability to work and support them in the future.

We must remember that it is not the role of the victim to prosecute the accused. While only the Crown can prosecute a criminal case, only the victim can commence a civil lawsuit for compensation.

It is perfectly normal to pursue financial compensation for sexual assault and child sexual abuse before going to the police.

Some sexual assault victims do not plan to report the crime to the police at all. They may not feel mentally capable of participating in the criminal process, or simply wish to avoid it if possible. Just because a victim doesn’t want to report being sexually assaulted to the police does not mean they do not have a right to sue or receive financial compensation.

Some victims feel more comfortable speaking privately about their options with a lawyer first. If you have been sexually assaulted or sexually abused as a child in Canada, please give our lawyer Lenny Hochberg a call today at 416-524-8321 or email lenny@lawonpoint.com for a free case assessment.

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