Surrey Sexual Assault Lawyers
If you have been a victim of sexual assault, it is important to know that you are not alone. In fact, there are many people across the country who have been subjected to sexual assault.
According to Statistics Canada, in just one recent year, there were over 34,000 incidents of sexual assault reported to police throughout the nation. That means that every day, almost 100 individual Canadians are the victims of sexual assault.
If you have experienced sexual assault, you may be feeling a range of emotions, including fear, anger, and sadness. It is completely normal to feel these emotions and it is important to get the support you need to heal. One way to get support is to pursue a civil claim against your attacker.
A civil claim is a legal process that allows you to seek compensation for the harm you have suffered. This includes damages for physical injuries, emotional distress, and any other harm you have experienced as a result of the assault. A civil claim can help you get the financial support you need to begin the healing process, and can help you regain a sense of justice and accountability in the aftermath of a traumatizing ordeal.
Sexual assault is defined as any form of unwanted sexual contact, behaviour, or activity that is committed without the consent of the victim. It is important to note that consent must be voluntary, ongoing, and given freely for sexual activity to be considered consensual. If someone is unconscious, incapacitated, or otherwise unable to give consent, any sexual activity with that person would be considered sexual assault.
Under the Criminal Code of Canada, sexual assault is a criminal offense that can be punishable by imprisonment. It can encompass a range of unwanted sexual touching or behaviour, as well as verbal or nonverbal communication that is of a sexual nature and is unwanted or non-consensual. Examples of actions that constitute sexual assault include:
- Touching someone without their consent
- Forcing someone to engage in sexual activity
- Making sexual comments or advances towards someone
- Exposing oneself to someone without their consent
- Taking sexual photos or videos of someone without their consent
After being the victim of sexual assault, it is only natural to have several questions about the courses of action one might be able to take to recover compensation and hold their perpetrator accountable. One way to do so is by working with Surrey sexual assault lawyers to pursue a civil claim for damages.
Whereas criminal sexual assault cases are prosecuted by the Crown, civil claims are brought by an individual against another person or entity. In a sexual assault case, these parties could be the perpetrator of the assault, or another contributorily negligent party.
If the accused is found guilty in criminal court, they may be sentenced to imprisonment, fines, or other penalties. If a sexual assault survivor chooses to pursue civil charges, they might be eligible to recover compensation from the person or entity that has caused them harm. This could include damages for pain and suffering, medical expenses, lost wages, and other losses.
In a civil case, the burden of proof is lower than in a criminal case, meaning that the plaintiff (the person bringing the charges) does not need to prove their case beyond a reasonable doubt. Instead, they need to show that it is more likely than not that the defendant (the person or entity being sued) is responsible for the harm.
Pursuing criminal charges and civil charges are separate processes; one or both types of charges can be pursued. It is also worth noting that a person who is found not guilty of criminal charges may still be found liable in a civil case, and vice versa.
To learn how our sexual assault lawyers serving Surrey may be able to help you pursue a civil claim to get the compensation you deserve, contact us today.
Contact Preszler Injury Lawyers Today
Our Surrey sexual assault lawyers provide all prospective clients with a free initial consultation. We understand how difficult it can be to come forward to speak about your case, and do our best to provide a safe, compassionate environment.
To schedule your free initial consultation with our sexual assault lawyers serving Surrey, call 1-800-JUSTICE.