Sexual assault claims can be pursued not only through the criminal court system but also through the civil court system. An essential aspect of sexual assault claims in Alberta is the absence of a limitation period under the Limitations Act. Survivors may advance a claim for sexual assault at any point in time, irrespective of when the incident occurred. This feature of sexual assault claims acknowledges the complexity and emotional difficulty of such cases and enables survivors to seek justice without the constraint of a time limit and when they are ready.

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Unlike in the criminal courts system, a victim can claim and be awarded monetary compensation. Further, a civil court action requires a lower standard of proof than a criminal action. In a civil court action, the standard of proof is based on a balance of probabilities, whereas in a criminal action, the standard of proof is proof beyond a reasonable doubt. Moreover, in a civil court action, if the abuser makes an admission of sexual contact, the burden of proof shifts to the defendant to prove that the survivor consented to it.

 

In instances where the abuser has already been criminally convicted, a civil action primarily focuses on determining the appropriate compensation the survivor is entitled to. In some cases, rather than charging an hourly fee, lawyers can be compensated on a contingency fee basis where the lawyer receives a percentage of the funds received. A contingency fee arrangement offers victims the chance to pursue justice without the financial burden of having to pay legal fees before receiving compensation. Navigating the legal processes in sexual assault cases is often challenging and emotionally draining, underscoring the need for guidance and support from experienced legal professionals, victim support organizations, and therapists throughout this journey.

 

At Wiebe Law, we have experience obtaining justice for sexual assault victims through the civil courts. We can advise you on the strengths and weaknesses of your claim while treating you with respect and empathy. If you would like to discuss making a sexual assault claim in civil court, book your confidential consultation with us.