FAQs

Unlike other crimes or cases of civil liability, there is no statute of limitations for sexual assault cases in Ontario. Even if the assault occurred decades ago, you can still pursue criminal charges or other avenues for justice.

A sexual assault investigation can take anywhere from a few months to a few years depending on the circumstances, the number of parties involved, and what legal avenue a sexual assault survivor chooses.

A sexual assault survivor has many options for how to proceed. They may:

• Bring the case to police for a criminal investigation;
• File a human rights complaint;
• Lodge a complaint with a professional disciplinary body that the perpetrator belongs to;
• Seek emergency funding from Ontario’s Victim Quick Response Program; or
• File a civil claim.

A sexual assault lawyer at Gluckstein Personal Injury Lawyers will carefully explain each of these options and steps involved so you can make an informed decision.

If sexual abuse has been committed against someone who is owed a duty of care by a public or private institution, it can be considered institutional sexual abuse. The abuse can be committed by someone in a position of institutional leadership or another person receiving the services of the institution. Although the institution may not have committed the sexual abuse or known about it, if their negligent actions or inaction caused or contributed to the circumstances that allowed it to take place, the institution may share liability.

Some examples of institutions where cases of sexual abuse have taken place include:

• Residential schools;
• Foster homes and group homes;
• Day schools;
• Daycare;
• Hospitals;
• Nursing homes;
• Religious centres;
• Youth sport activities and clubs;
• Seniors residences;
• Assisted living centres;
• Youth corrections facilities;
• Jails and prisons.

Historic sexual assault or historic sexual abuse are terms to refer to actions that occurred in the distant past. In these cases there may no longer be any physical evidence of the events, but testimony from the survivor can still be persuasive to a court.

For some survivors, choosing to sue is the right choice. Beginning a lawsuit is a big decision. The process can take a few years and you will have to tell your story several times to different people. You may also need to undergo various medical or psychological assessments.

A lawsuit can be a painful process, but it can also be a positive, healing experience. You may receive compensation to help as you move on with your life. Perhaps most importantly, a survivor can regain a sense of power and control in suing the perpetrator(s).

Choosing the right lawyer to help you is an important factor to consider. A lawyer with experience in the area of civil sexual abuse can help you understand the law, and consider all the factors individual to your case.

Sexual assault is any form of non-consensual sexual contact. Sexual assault can happen to anyone at any time. Offenders can be family members, caregivers, teachers, coaches, childcare workers, medical or other professionals, clergy, or total strangers. Sexual assault is a crime of violence. If you have been assaulted, no matter who did it or when it happened, it was not your fault.