This article was updated: Oct. 1st, 2026

Sexual assault and acts of sexual violence remains significantly underreported in Canada. Although hundreds of thousands of Canadians will be impacted by sexual assault related events each year, only a small percentage of incidents are ever reported to the police. As a result, many survivors never see the person or institutions at fault held responsible and accountable for their actions criminally.

There are many reasons why survivors may choose not to report sexual assault or continue with the criminal process. Fear of not being believed or of being stigmatized, trauma, concerns about possible retaliation, feelings of shame or embarrassment. Not to mention the emotional demands of participating in a criminal investigation, all of which can influence a survivor’s decisions on whether or not to report the sexual abuse.

Even when a sexual assault is reported, obtaining a criminal conviction can be challenging because the Crown must prove the accused’s guilt beyond a reasonable doubt, which is the highest standard of proof in Canadian law.

In a civil claim, the court determines liability based on the balance of probabilities, which is used to determine if it is more likely than not that the abuse occurred, given the facts or evidence of the situation. This lower standard of proof means that a survivor may be able to pursue compensation through a civil claim, even if no criminal charges have been laid, the accused was acquitted, or the survivor did not proceed with the criminal case.

Need Help? If you are in an emergency situation in Canada, call 911.

If you have experienced a sexual assault or sexual violence, you don’t need to navigate the legal process alone. At NOVA Injury Law, we provide survivors with compassionate, confidential legal advice, and can help you understand your rights, and the options that may be available through a civil claim.

Understanding Sexual Violence

Sexual violence falls under the more broadly used term of gender-based violence. It can include any sexual act, attempt, or threat to obtain a sexual act without consent. Sexual violence can also include sexual comments or advances, or other non-consentual behaviours of a sexual nature.

According to Service Canada, sexual violence can be a result of various factors, such as:

  • Gender inequity;
  • Powder and control;
  • Sexism, racism, colonialism;
  • Hypermasculinity;
  • Objectification and sexualization of women; and
  • The patriarchy.

The presence of consent is essential to addressing acts of sexual violence. Consent means giving

Sexual Abuse Legal Claims

Sexual abuse can have profound and lasting physical, emotional, and psychological effects on survivors. While there is no legal action that can truly undo the immense harm that has been suffered by a sexual abuse survivor, a civil claim may provide survivors with financial compensation, access to recovery and survivor resources, and importantly an opportunity to hold those responsible accountable for their heinous actions.

Sexual abuse claims are separate from other criminal proceedings, with a few key differences. A criminal case is brought by the Crown to determine whether an accused person has committed a criminal offence, while a civil claim is initiated by the survivor to seek compensation for the harm they have experienced or endured. A survivor may pursue a civil claim regardless of whether criminal charges were laid, or if a criminal conviction was obtained.

Depending on the specifics of the abuse that occurred, survivors may have the option to bring a claim against the individual(s) responsible for committing the abuse, as well as the organizations or institutions that allowed the abuse to occur. These large entities fail to take reasonable steps to prevent the abuse from occurring and protect those in their care, and should be held responsible for these actions. This may include organisations such as:

  • Schools;
  • Religious organizations;
  • Sports clubs;
  • Youth organizations;
  • Healthcare facilities;
  • Long-term care homes;
  • Daycares;
  • Employers or workplaces;
  • Other institutions that owe a duty of care.

It’s important to remember that acts of sexual abuse and sexual violence can occur in may different settings, and the legal options available will depend on the circumstances of each individual case. As well, it is important to remember that sexual abuse claims can also include cases of human trafficking and sexual exploitation of children, minors, adults, or the elderly.

Each case of sexual abuse is unique, and should be approached with the utmost care. By ensuring that all of the facts and information involved in a sexual assault claim has been thoroughly reviewed and examined, an experienced legal team can help you to pursue the compensation you deserve through a civil claim.

Sexual Violence Lawsuit Damages

Compensation available in a sexual abuse claim will vary depending on the hard evidence available and the specifics of the situation that occurred. A successful civil sexual abuse claim may provide financial compensation for the physical, emotional, psychological, and financial harm that the survivor may have incured. The types and amount of compensation that may be available to a sexual violence claimant can vary grately due to the complex nature of sexual violence claims.

Pecuniary (Financial) Damages

Pecuniary damages are used to compensate survivors for measurable financial losses resulting from the sexual abuse or violence. Depending on the specifics of a claim, these damages may be made up of:

  • Past and future loss of income or earning capacity;
  • Counselling, therapy, and psychological treatment expenses;
  • Medical and rehabilitation costs (physiotherapies);
  • Cost of future care and support needs;
  • Direct financial expenses or losses directly relating to the abuse.

Non-Pecuniary (General) Damages

Non-pecuniary damages compensate survivors for losses that can’t be as easily measured in financial or quantitative terms. This category of damages is used to recognize the profound personal impact that sexual abuse or violence can have in every part of a survivor’s life. These can include;

  • Pain and suffering;
  • Psychological and emotional trauma;
  • Anxiety, depression, post-traumatic stress disorder (PTSD);
  • Loss of enjoyment of life;
  • Impact to other personal relationships, especially romantic ones.

Punitive Damages

In some claims, the court may also choose to award punitive damages to a victim. Unlike other forms of compensation, punitive damages are not intended to compensate the survivor for their loss in any way. Instead, punitive damages may be awarded to a survivor to punish particularly malicious or aggressive behaviour or acts, as a way of discouraging similar behaviour in the future. Punitive damages are only awarded in exceptional cases where the defendant’s actions are found to be especially deplorable.

Criminal and Civil Legal Cases

Typical sexual abuse claims are criminally or civilly tried, each survive a different purpose to a claimant and victim, and each is decided using a different standards of proof.

Criminal Case

In a criminal case, the Crown must establish and prove the accused’s guilt beyond a reasonable doubt. In Canadian law, this is the highest standard of proof requirement, and reflects the serious consequences of a criminal conviction in these cases. If the judge or jury has a reasonable doubt as to whether the offence was committed, or by whom it was committed by, the accused in the claim must be acquitted.

Many cases of sexual assault will present challenges in providing evidence for a claim due to the nature of the case. This is because claims are often involving two people with previous history or knowledge of each other, and most typically occur with little or no independent eyewitness evidence.

In some cases, the most pressing issue with a claim is whether the sexual activity occurred with consent, and whether or not the survivor was in the mindset to provide informed consent. The criminal court must decide whether the Crown was able to prove, beyond a reasonable doubt, that the accused committed the offence.

Civil Case

A civil claim, alternatively, is different. Rather than determining criminal guilt, the court decides whether the defendant is legally responsible for the harm that was suffered by the survivor in the incident or during the event. The standard of proof in a civil case is the balance of probabilities, which means that the court is in a position to decide whether it is more likely than not that the abuse occurred, and that the defendant is legally liable.

Because the burden of proof is lower in a civil case, a survivor may be in the position to be able to pursue compensation even if no criminal charges are laid, the accused was found not guilty, or the criminal proceedings did not ultimately result in a conviction. Civil claims provide an independent avenue for survivors to seek accountability and financial compensation for the harm that they have endured.

Understanding the Different Standards of Proof

Criminal and civil abuse proceedings are separate legal processes with different purposes and different standards of proof. Understanding these differences can help to explain why a survivor may have a viable case for a civil claim, even if a criminal prosecution doesn’t ultimately result in a conviction.

Criminal Cases: Beyond a Reasonable Doubt

In a criminal prosecution case, the burden of proof rests with the crown. In order to obtain a conviction, the crown must prove the guilt of the accused beyond a reasonable doubt, which is the highest standard of proof in the Canadian legal system. This high threshold for proof reflects the serious consequences of a criminal conviction, and is treated as such. Convictions may result in a potential loss of freedom (mandatory time spent incarcerated), and a criminal record.

Unfortunately, due to the nature of sexual assault cases, they can be particularly challenging to prosecute. Often having occurred between known individuals, in a primate area, and leave little to no evidence or witnesses. As cases of sexual violence often occur between known parties, the primary issue often comes down to whether the sexual activity occurred without the complainant’s consent. The court must carefully assess all of the evidence to determine whether the crown has proven beyond a reasonable doubt that the offence occurred. If any reasonable doubt remains in the criminal case, the accused must be acquitted.

Civil Claims: Balance of Probabilities

As a civil lawsuit has a different purpose or desired outcome from a criminal case, the standards of proof are also different. Rather than determining whether someone is guilty of a criminal offence or not, the court will be faced with deciding whether the defendant is legally responsible for the harm that the survivor suffered. It will also ultimately be up to the court to determine whether compensation should be awarded.

In a civil case, as mentioned, the standard of proof is the balance of probabilities. This means the court must decide whether it is more likely than not that the abuse occurred, and that the defendant is to be held legally liable. Although this is a lower standard than the criminal burden of proof, survivors must still present credible evidence in order to support their claim.

Why It Matters

Because both criminal and civil cases apply different standards of proof, the outcome of one doesn’t determine the outcome of the other. A survivor may pursue a civil claim even if:

  • The incident was never reported;
  • Criminal charges were never laid, withdrawn, or stayed;
  • The accused was found not guilty.

A civil claim can provide a potential avenue for survivors to seek accountability, as well as financial compensation for the physical, emotional, psychological, and financial harm they have suffered due to their abuser.

Benefits of Pursuing a Civil Sexual Abuse Claim

For many survivors, a civil lawsuit may provide an important path to justice and accountability. Unlike with a criminal proceeding, which will be brought to the crown to determine if the accused is guilty of a criminal offence, a civil claim is brought by the survivor to seek financial compensation for the harm that they suffered.

A civil claim may be an option to a victim of sexual violence even if there was no criminal investigation, no charges were ever laid, or the accused was ultimately acquitted in criminal court of charges. As previously mentioned, this is because civil cases apply a different standard of proof than a criminal case, and focus on whether the defendant is legally responsible for the survivor’s injuries.

In many sexual abuse or sexual violence cases, the civil claim is based on the legal concept of battery. Battery occurs when a person intentionally makes physical contact with another person without their consent. When the unwanted physical contact is of a sexual nature, it may give a claimant rise for a case of sexual battery. The court will consider whether the contact was intentional and whether it occurred without the survivor’s consent.

In some claims, a survivor may also have a claim against an organization or institution that failed to take reasonable steps to protect them from abuse. Depending on the specific circumstances, schools, religious organizations, employers and workplaces, sports organizations, healthcare providers, residential care facilities, or other institutions may also be held liable if their negligence contributed to the abuse or allowed it to occur and potentially continue to do so.

A successful civil claim can ultimately provide compensation for the physical, emotional, psychological, and financial consequences of the sexual abuse or violence. Depending on the specific circumstances, this may include damages for pain and suffering, counselling and other treatment costs, lost income, future care needs, and other losses that may be recognized by the law from the events.

For many survivors, the pursuing of a civil claim ultimately is about more than the financial compensation. It can provide a sense of accountability, and help to acknowledge and give pause to the harm that they have endured and survived. Additionally, it can encourage organizations to further strengthen policies and safeguards to better protect others in the future.

Damages in a Sexual Abuse Claim

When a survivor purses a civil sexual abuse claim, the court may award compensation to the victim for the physical, psychological, emotional, and financial harm caused through the abused endured. The amount of compensation will depend on the unique facts surrounding the case, the evidence presented, and the impact that the abuse has ultimately had on the survivor’s life.

Depending on the circumstances, damages may compensate for:

  • Psychological injuries like anxiety, depression, or post-traumatic stress disorder (PTSD);
  • Emotional trauma;
  • Counselling, therapy, and other treatment or rehabilitation expenses;
  • The impact to personal relationships;
  • Loss of enjoyment of life;
  • Past and future loss of income earning capacity;
  • Future care needs.

The effects of sexual abuse often exten far beyond what occurred during the initial incident. Many survivors are faced with the reality of long-term emotional and psychological injuries, leaving lasting scars on their relationships, education, employment, and overall quality of life. Although these injuries may not always be visible, they may be just as significantly impactful to a victim.

When assessing damages, the courts will consider the full impact that the abuse has had on the survivor’s life. The purpose of a civil claim is to provide a fair compensation for the losses suffered, while still recognizing the profound and lasting consequences that acts of sexual violence can have on a person’s wellbeing.

Intentional Torts, Negligence, and Sexual Abuse Claims

Civil sexual abuse claims may be based on one or more legal principle, depending on the actual circumstances of the case. In many cases, a claim with involve both intentional torts committed by the perpetrator and negligence on the part of an organization that failed to prevent the sexual violence from occurring.

Intentional Torts

An intentional tort occurs when a person has deliberately engaged in wrongful conduct or actions that causes harm to another person. In sexual abuse cases, the most common intentional tort is that of sexual battery, which involves intentional, non-consensual physical contact of a sexual nature. The actual act can range from unwanted touching of a sexual nature, to more serious or violent forms of sexual assault.

A related intentional tort is assault. Unlike battery, assault does not require physical contact to have occurred. Instead, assault involves intentionally causing another person to reasonably fear imminent harm, or offensive contact through threats, intimidation, or other tactics or conduct. Depending on the circumstances, a civil claim may involve allegations of assault, battery, or both.

Negligence Claims Against Institutions

In addition to pursuing a claim against the individual responsible for the abuse, a survivor may also be in the position to bring a claim of negligence against an organization or institution for their contribution actions.

To establish negligence, it must generally be shown that the defendant owed the survivor a duty of care, breached the required standard of care, and that the breach directly caused, contributed to, or allowed the harm to occur.

Abuse by a Person in a Position of Trust

Sexual abuse committed by someone in a position of authority, such as a teacher, coach, or clergy member, may give rise to additional legal claims. Individuals in these roles are often entrusted with the care, supervision, or wellbeing of others, and abusing that position of power and trust can result in serious legal consequences.

In some circumstances, institutions or organizations may be found negligent if they know, or reasonably ought to have known, that an individual posed a risk of sexual abuse to those in their duty of care, but failed to take the appropriate action.

A common example of this would be such claims involving sexual violence that are being brought against the Catholic Church. Across Canada and other countries, survivors have brought civil claims alleging that Church officials failed to respond appropriately to allegations of sexual abuse by members of the clergy. In many cases, alleged abusive priests were even transferred to different parishes, instead of being reported to law enforcement or removed from positions where they had access to children, especially in such power dynamic roles.

These cases have resulted in significant civil settlements and judgements against both individual perpetrators of the sexual violence and abuse, as well as the religious institutions that protected those perpetrators.

Civil and Criminal Cases: What Happens Next?

A survivor of sexual assault may have the option of pursuing both a criminal complaint and a civil lawsuit. Although these proceedings are a result of the same events, they are separate legal processes with different purposes, different parties involved, and different requirements for standards of proof.

To quickly review, a criminal case is brought by the crown to determine whether the accused committed a criminal offence, and whether that individual should be subject to criminal penalties as a result of these actions. This is often through imprisonment or probation of the guilty party. A civil claim, alternatively, is brought by the survivor to seek financial compensation for the harm that they suffered. The guilty party having to pay financial retributions for damages caused during the acts of sexual violence, and as a result.

When both proceedings are underway, the criminal case will typically resolve before the civil claim proceeds to trial. This is so the integrity of the criminal investigation, which holds a higher standard of proof, and avoids the potential for unnecessary complications. If the accused is found to be guilty and convicted in a criminal case, this evidence may be important for the subsequent civil proceedings.

It is important to know that a survivor of sexual assault does not lose the right to pursue a civil claim against their perpetrator just because there is no criminal conviction. Since civil claims maintain the requirements of a lower balance of probabilities standard, a survivor may still be able to recover financial compensation from their attacker. Even without having criminal charges laid.

Working with a sexual abuse lawyer can help you to navigate the process of a criminal investigation, or civil claim, and can help you to determine the best steps moving forward.

Sexual Abuse Civil Lawsuits

Every sexual abuse claim is unique, but understanding the steps involved in a civil lawsuit claim can help survivors know what to expect, and help to make informed decisions about pursuing their sexual abuse claim.

Speak with a Lawyer

Sexual abuse lawyers, like the compassionate team at NOVA Injury Law, will hold a confidential consultation with you to review the basic details of your claim. During this meeting, your lawyer will listen to your experience, explain what your legal rights are, assess the overall strength of your potential claim, and discuss options available. Everything shared during this meeting is strictly confidential, and privileged information.

Investigating the Claim

If you decide to move forward with your claim, your lawyer will collect information and evidence to support your case. This may include medical records, counselling or therapy notes, employment records, witness statements, or other relevant documents.

Additionally, your lawyer can outline and identify all individuals and organizations that may also be legally responsible for the abuse, and should be held accountable.

Settlement Discussions

In some cases, your lawyer may begin by contacting the defendant or their insurer to explore whether the matter can be resolved through negotiations. Settlement discussions may take place before or after a lawsuit has started.

Some defendants might want to resolve the claim privately to avoid the time, expense, and uncertainty of litigation, and therefore be keen to settle quickly. In certain cases, settlement agreements may include confidentiality provisions, although survivors are not required to accept such terms.

Starting the Lawsuit

If the matter cannot be resolved through negotiation privately, your lawyer will commence a civil action claim by filing a Statement of Claim with the court. The defendants will then have an opportunity to respond by filing a Statement of Defense.

Discovery and Evidence

Discovery is an important part of the litigation process, as this is the time where both sides will exchange relevant documents and evidence, as well as participate in examinations from counsel under oath. Discovery allows each party to better understand the evidence that is available for the case, and the issues that may be decided during the trial phase.

Depending on the specifics of your case, there may be expert evidence available. This may include examinations from medical professionals, psychologists and psychiatrists, or vocational experts, providing testimony on the survivor’s injuries, possible treatment needs moving forward, ability to work gainful employment, as well as the impact to their overall quality of life.

Trial

It is fairly common for civil claims to settle before reaching the trial stage. However, if your claim is unable to reach an agreed upon settlement option, then the case will proceed to a trial. It is at this stage where a judge, and in some cases a jury, will hear the evidence of the case and make a legal decision.

The judge is aiming to consider the following information:

  • Whether the act of sexual abuse or sexual violence occurred.
  • Whether the defendant or an identifiable institution is legally responsible.
  • Outline the physical, emotional, psychological, and financial harm that the survivor suffered as a result.
  • The amount of compensation to be awarded to the survivor, if any.

Throughout the trial phase of a sexual violence claim, your counsel will advocate on your behalf, explain the proceedings, and work to protect your best interests while seeking the justice you deserve.

Confidentiality and Sexual Abuse Claims

Protecting a Survivor’s Privacy

Many survivors are understandably concerned about their safety and their privacy when considering legal action for sexual abuse. As well, discussing a deeply personal and traumatic experience in a public setting to strangers can be overwhelming.

In appropriate cases, the court may permit a survivor to proceed using a publication ban, initials, or a pseudonym instead of their full name. Whether these protections may be available will depend on the circumstances of the case and the applicable law. Working with counsel experienced with sexual abuse claims can help to ensure you’re advised about any possible protections available to you.

When Settling a Sexual Abuse Claim

Often civil claims for sexual abuse are resolved through settlements, negotiated between the parties involved, rather than proceeding through to a trial. Reaching a settlement in a sexual violence claim can provide the survivor with compensation without the uncertainty, expense, exposure, and emotional challenges of a court proceeding.

Each case is different, and when faced with a decision to settle your claim can seem daunting. Factors that may influence this decision could include the strength of evidence available, the survivor’s wishes or desired outcome, and any potential emotional impact of litigation time and the cost of a trial on the survivor, in terms of a proposed settlement.

Confidentiality Agreements

Settlements for sexual violence claims can sometimes include confidentiality provisions. These clauses generally limit what the involved parties are able to publicly discuss about the settlement, allegations, or case in general. The overall scope of a confidentiality agreement varies from case to case, and is often the subject of negotiation during the claim.

In many cases, a confidentiality provision will still allow survivors to discuss their personal experiences with close family members, healthcare providers, counsellors, financial advisors, or legal counsel. So long as the public disclosure of information surrounding the claim or proceedings is withheld as required.

Whether or not a survivor accepts a settlement that includes a confidentiality clause is an individual decision. Some survivors value their privacy, and the certainty in peace of mind that a confidential settlement can provide. Other survivors may wish to pursue their claim through the courts, or seek greater public accountability.

At NOVA Injury Law, we explain the legal and practical implications of settlement offers and possible confidentiality agreements, helping to make sure you make an informed decision that’s best for you.

Speak with a Sexual Abuse Lawyer in Nova Scotia

Coming forward after experiencing sexual abuse can be one of the most difficult decisions a survivor makes. Whether the abuse occurred recently or years ago, you may still have legal options available to you. At NOVA Injury Law, we provide compassionate, confidential legal guidance to survivors seeking accountability through the civil justice system.

Our lawyers represent survivors of sexual abuse involving individuals, as well as institutions and organizations that may have failed to protect those in their duty of care. We understand the lasting physical, emotion, and psychological impacts that acts of sexual violence can have, and we are committed to helping survivors to understand their rights, make informed decisions, and receive the compensation they deserve.

At NOVA Injury Law, we recognize that every survivor’s experience is unique, and each claim should be treated as such. With this, we are committed to treating every client with compassion, dignity, and respect while providing clear and practical legal advice throughout the claims process.

If you have questions about your legal rights, or are considering a sexual abuse or sexual violence claim, contact NOVA Injury Law to arrange a free, confidential consultation.