Halifax Sexual Abuse Lawyers

Our compassionate team at NOVA Injury Law understands the difficulties that come along with both experiencing and reporting sexual abuse. Our priority is to make you feel safe and comfortable as we help you walk through every step of your claim. No one should have to experience sexual assault or abuse of any kind, however, when this happens, we believe that survivors deserve answers and justice. Statistics show that one in three women and one in six men will be a victim of sexual abuse at some point in their lives, so, here at NOVA Injury Law, we want to make sure that you know you’re not alone. 

What is Sexual Abuse?

Sexual abuse can take place in a variety of different forms. Broadly, it is any sexual activity that occurs without your consent. These activities can range from unwanted sexual touching and fondling to rape and incest. Unfortunately, sexual abuse can occur in a variety of contexts and the abusers are often known to their victims. Often, survivors are left to grapple with feelings of shame, guilt and fear. Beyond being your legal representation, our goal at NOVA Injury Law is to listen and provide you with the respect and understanding you deserve.

Legal Help for Sexual Abuse in Halifax

Have you been the victim of sexual abuse in Halifax, Nova Scotia? NOVA Injury Law is ready to help you navigate your options in taking legal action and holding your assailant accountable. 

There are two avenues available to victims of sexual abuse: criminal charges and civil action. 

Sexual Abuse and Criminal Charges

In order to pursue criminal charges, you must involve the police and provide a statement about the sexual abuse. We understand that this can be daunting and as a result, most sexual assaults go unreported to police. If you do report and there is enough evidence against your assailant, they will be arrested, and charges will be brought against them. 

In criminal courts, the burden of proof to convict an assailant is beyond a reasonable doubt – this is an exceptionally high standard. In civil court, fault is determined on a balance of probabilities. 

Civil Action

Entirely separate from criminal law, you can also take civil action against the party responsible. In Nova Scotia, there is no statute of limitations on sexual abuse claims, meaning that it doesnt matter how long ago your abuse took place, we can still bring a claim against them.  

The Process of Filing a Sexual Abuse Claim

At NOVA Injury Law, we want to make this process as simple for you as possible. The first step in advocating for your rights is to craft a letter of demand that outlines the accusations against the perpetrator and propose a specific monetary compensation to resolve the claim. 

As these types of claims come with a variety of stigma, the perpetrator will likely be reluctant to settle right away in order to protect their image and reputation. In such a circumstance, the option of signing a non-disclosure agreement can be a valuable bargaining tool. However, if you do not view this as an adequate solution and would rather present the matter in front of a jury, we are happy to explore this option as well. 

Court proceedings emerge as the subsequent phase of the legal dispute if a settlement cannot be reached between the parties. Here, the plaintiff will lodge a formal Statement of Claim with the court. Following this, the discovery process begins where both parties will be asked questions under oath. If settlement is not reached after this stage, the lawsuit will advance to trial. 

At trial, the court will be tasked with making a decision on the claim. They will decide whether the purported sexual abuse took place, the level of damage inflicted upon the complainant as a result of the abuse, and whether these damages led to any negative consequences for the complainant. 

How Can NOVA Injury Law Help You?

NOVA Injury Law represents victims of institutional sexual abuse. This refers to instances of sexual abuse that occur within organizational or institutional settings such as schools, religious institutions, correctional facilities, healthcare facilities, youth organizations, sports clubs, and other structured environments. Often, institutional sexual abuse involves perpetrators who hold positions of power or trust and as a result, victims may be reluctant to come forward due to fear of reprisal, stigma, or disbelief, and perpetrators may exploit the institutional environment to conceal their actions. We are prepared to respond to this misconduct and to provide you with the support and justice you deserve. 

Types of Damages Claimed for Sexual Abuse

At NOVA Injury Law, we are passionate about getting you the compensation you deserve. While we acknowledge that no amount of money can alleviate the pain and suffering you have experienced, we have seen first-hand the relief that a successful civil action can provide victims. We are ready to help you take your power back, discover your voice and move forward. 

In general, sexual abuse survivors are eligible to recover a variety of damages. These often comprise various elements such as psychological distress, emotional trauma, interference with personal relationships, and loss of employment.  

The consequences of sexual abuse can appear in diverse forms, often resulting in hidden scars that deeply affect the survivor. This underscores the importance of legal proceedings in acknowledging the emotional harm inflicted on the survivor and the significant impact it has on their everyday life. 

Schedule a Free Case Evaluation With Our Sexual Abuse Lawyers in Halifax

As mentioned above, there is no statute of limitations on sexual abuse claims in Nova Scotia. This means that if you have been a victim of sexual abuse, you can take legal action against your assailant no matter how long ago the abuse occurred. However, the sooner legal action is taken, the more evidence will be available to support your claim. 

During our free case evaluation our sexual assault lawyers will walk you through the options available to you to hold your perpetrator accountable. This is a no-obligation meeting, but if you decide you would like us to handle your claim, we work on a contingency fee basis – meaning that we don’t get paid unless and until we win your case. 

Frequently Asked Questions about Sexual Abuse Claims in Halifax

We understand that this process can be daunting and that you may have many questions. We are hopeful that the following frequently asked questions will help to ease some of the anxiety that may come with contacting a lawyer and pursuing a claim. 

Do I need evidence to support my claim? 

A claimant’s own testimony will be primary evidence in a sexual abuse claim; however, any other corroborating evidence will help to strengthen your case. 

Will I have to go to court?

While going to court is a possibility, the majority of sexual abuse claims are resolved through settlements outside of the court. It will only be if a settlement cannot be reached that your case may proceed to trial. 

Can I remain anonymous throughout the legal process?

We understand that sexual abuse comes with feelings of shame and guilt. Therefore, in an attempt to shield your identity during legal proceedings, our lawyers can present motions to the court to request the use of pseudonyms, or a full publication ban of the case details. In effect, this prevents the victim’s accusations from becoming part of the public record. 

What support services are available for survivors?

We understand the emotional turmoil that comes with being a victim of sexual abuse. We are more than happy to recommend counseling, support groups and other resources to help you navigate the healing process in addition to guiding you through legal proceedings. 

Who can file a sexual abuse claim?

All survivors of sexual abuse have a legal right to pursue civil action against their perpetrators or the institutions responsible for their abuse. 

Is there a time limit for filing a sexual abuse claim? 

No, in Nova Scotia there is no statute of limitations for sexual abuse claims. Although we recommend starting your action sooner than later to avoid any loss, destruction, or altering of evidence or potential witnesses, you can begin legal action at any time. 

When do I file a class action lawsuit against an institution? 

Class action lawsuits may be filed when more than two individuals have experienced sexual abuse by members of the same institutions. If the institution knew or ought to have known that sexual abuse was taking place by their employees against people in their care, it can be proven that the institution played a role in allowing the sexual abuse to occur. If so, a class action lawsuit may be filed against them. 

How much compensation will I get? 

Sexual abuse is not subject to the minor injury cap in Nova Scotia. This means that there is no set cap on the amount of damages you can receive in a sexual abuse claim. Your compensation depends on a variety of factors such as the impact the sexual abuse has had on you, the severity of the abuse, the length of time the abuse occurred, medical expenses related to the abuse, and more. We are more than happy to discuss this further during your free case evaluation. 

Criminal charges have already been filed, can I still pursue civil action?

Both criminal charges and civil action is available to victims of sexual abuse, however, criminal cases take priority over civil cases and are resolved first. If the assailant is convicted under the Criminal Code, this conviction can be compelling evidence against them in a civil claim.

However, prosecutors often encourage victims to wait to pursue civil charges until after the criminal proceedings have ended. This is because pursuing both actions at the same time may give an impression that the victim’s sole motivation is financial gain. While we know this is not true, defense lawyers will often exploit this fact to undermine the victim’s credibility in the criminal trial. 

Therefore, because initiating a civil action at the same time as criminal proceedings may jeopardize the integrity of the criminal action, we recommend waiting until after the criminal charges have been resolved to begin your civil claim.