Does the Abuser Need to Be Charged or Convicted of a Crime?
For some survivors, involving the authorities, filing a police report, and helping the courts convict the abuser of a crime can be an empowering and cathartic process. For others, it is not the right choice.
You do not have to file a police report, nor does your abuser need to be convicted of a crime for you to file a sexual assault or abuse claim in civil court.
The challenge in a criminal sexual assault or abuse case for a survivor is the lack of control over the process. This doesn’t mean you shouldn’t pursue reporting the assault or abuse to the police. Reporting sexual assault and abuse is important, but the most important thing, and our team’s first priority, is the survivor’s physical and emotional well-being.
Remember, if you’re the survivor of sexual assault or abuse you can bring it to the attention of police at any time. There is no time limit in Canada for reporting crimes.
It is also important to know that in Ontario, there is no time limit on bringing a civil action with respect to sexual assault or abuse. While historical claims may present various evidentiary challenges, this should not prevent you from seeking advice on whether or not you have a claim.
However, limitation periods differ by province and, if you are not in Ontario, you should seek an opinion from a lawyer qualified in your province.
We Help Survivors Get Justice
You have questions. We have answers. Rest assured that you don’t have to come to us, we’ll come to you and out consultations are free.
