Bridgewater Sexual Abuse Lawyers

At NOVA Injury Law, our empathetic team understands the challenges associated with both enduring and disclosing instances of sexual abuse. Our primary focus is to ensure your sense of safety and comfort as we guide you through every aspect of your claim. It’s our firm belief that nobody should suffer sexual assault or abuse. Nevertheless, in the unfortunate event that it occurs, we are committed to ensuring survivors receive answers and justice. Statistics reveal that one in three women and one in six men will experience sexual abuse at some point in their lives. At NOVA Injury Law, we are dedicated to ensuring you understand that you have our full support; you are not alone in this journey.

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. Survivors often face challenges in disclosing their experiences due to fear, shame or stigma. 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 Bridgewater

Have you been a survivor of institutional sexual abuse in Bridgewater? 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 survivors of sexual abuse – criminal charges and civil action. At NOVA Injury Law, we specialize in civil sexual abuse claims. See the section below to understand the differences between initiating a criminal charge versus a civil claim. 

Criminal Charges

To pursue criminal charges, you must involve the police and provide a statement about the sexual abuse. This process 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 matters, a judge must be convinced beyond any reasonable doubt as to the guilt of an accused person in order to convict them of a crime. This is a high standard to prove. If this standard is not met, the criminal charges will be dropped. If the accused person is found guilty, they could be fined, given probation, or jailed. 

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 does not matter how long ago your abuse took place. A claim can be pursued at any time. The end result of a successful civil claim is a monetary award.

In civil court, fault is determined based on a relatively lower standard. In civil cases, the judge must be convinced that it is more likely than not that an assault occurred. 

The Process of Filing a Sexual Abuse Claim

At NOVA Injury Law, we aim to simplify the process of filing a sexual abuse claim for you as much as possible. The first step in advocating for your rights is to draft a demand letter that outlines the allegations against the perpetrator and proposes a specific monetary compensation to resolve the claim. 

Due to the stigma associated with sexual assault claims, the perpetrator may be hesitant to settle immediately to protect their image and reputation. In such cases, offering a Non-Disclosure Agreement (NDA) can be a useful bargaining tool. An NDA is a binding contract that prevents sensitive information from being shared. However, if you would prefer the matter to be public, we are fully prepared to pursue that option as well. 

Starting a court proceeding is the next step in a legal dispute if a settlement cannot be reached between the parties. This involves filing required paperwork with the court that establishes who the parties are and what is being claimed. Settlement can still happen after a claim has been filed. However, if there are lingering questions from either side, a Discovery Hearing may be requested. A Discovery Hearing involves both parties being asked questions under oath. Essentially, this process allows for both parties to present their side of the story. If a settlement is not reached after a Discovery Hearing, the claim will advance to trial. Very few claims reach the trial stage, but it is always a possibility. 

At trial, a judge will be tasked with deciding whether the sexual abuse took place, the level of harm caused by the abuse, and whether this harm led to any negative consequences for the victim. This includes impacts on mental and physical health, daily life, and career aspirations. A judge will also decide the monetary value that should be awarded if the claim is successful.

How Can NOVA Injury Law Help You?

NOVA Injury Law represents victims of institutional sexual abuse, which occurs within organizational or institutional settings. This includes schools, religious institutions, correctional facilities, healthcare facilities, youth organizations, sports clubs, and other structured environments. Often, perpetrators hold positions of power or trust, making survivors of sexual assault hesitant to come forward due to fear of retaliation or disbelief. Additionally, perpetrators may exploit the institutional environment to conceal their actions. We are committed to providing you with the support and justice you deserve. 

Types of Damages Claimed for Sexual Abuse

The consequences of sexual abuse can manifest in various ways, often leaving hidden scars that profoundly affect the survivor. This highlights the importance of recognizing the emotional harm inflicted on the survivor and the significant impact it has on their daily life.

In general, sexual abuse survivors are eligible to recover monetary compensation, otherwise known as “damages”, in a variety of ways. Damage awards often comprise various elements such as psychological distress, emotional trauma, interference with personal relationships, and loss of employment.  

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. 

Schedule a Free Case Evaluation with Our Sexual Abuse Lawyers in Bridgewater

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 pursue legal action against your perpetrator regardless of when the abuse took place. However, initiating legal action promptly ensures that 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. If you do decide that you would like us to handle your claim, we work on a contingency fee basis. This means that we don’t get paid unless and until we win your case. 

Frequently Asked Questions about Sexual Abuse Claims

We understand that the legal process can be daunting and that you likely have many questions. We hope that the following frequently asked questions will help alleviate some anxiety associated with contacting a lawyer and pursuing a claim.

Do I Need Evidence to Support my Claim? 

A survivor’s own testimony will be the 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 proceeds 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 your identity 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 counselling, 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 rather than later to avoid the loss 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 institution. If the institution knew or ought to have known that sexual abuse was taking place by their employees against people in their care, it may be proven that the institution played a role in allowing the sexual abuse to occur. If so, a class action lawsuit could 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 money 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 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 are available to victims of sexual abuse. If the assailant is criminally convicted under the Criminal Code, this conviction can be compelling evidence against them in a civil claim.

However, pursuing both actions simultaneously can pose challenges when providing oral or written evidence. An ongoing civil claim could be exploited by a criminal defence lawyer to undermine the victim’s credibility in the criminal trial. Since initiating a civil action at the same time as criminal proceedings could jeopardize the integrity of either action, we recommend waiting until after the criminal charges have been resolved to begin your civil claim. This can also be discussed during your free case evaluation.