Moncton Sexual Abuse Lawyers

At NOVA Injury Law, our team is here to support and guide you through the process of addressing sexual abuse. We understand the challenges involved in both experiencing and reporting these traumatic events. Our top priority is to create a safe and comfortable environment for you as we assist you in navigating every aspect of your claim. Unfortunately, statistics reveal that one in three women and one in six men will encounter sexual abuse at some point in their lives. At NOVA Injury Law, we want to make sure that you know you’re not alone. 

What is Sexual Abuse?

Sexual abuse can occur in various forms, encompassing any sexual activity that happens without your consent. These actions can range from unwelcome sexual touching and fondling to rape and incest. Regrettably, sexual abuse can happen in different situations, and the perpetrators are often familiar to their victims. Survivors frequently struggle with emotions of shame, guilt, and fear. Apart from serving as your legal representation, our aim at NOVA Injury Law is to attentively listen and offer you the respect and understanding you deserve.

Legal Help for Sexual Abuse in Moncton

Have you been the victim of sexual abuse in Moncton, New Brunswick? NOVA Injury Law is committed to helping 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

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 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 doesn’t matter how long ago your abuse took place, we can still bring a claim against them.  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. At NOVA Injury Law, we specialize in civil law. 

The Process of Filing a Sexual Abuse Claim in Moncton

At NOVA Injury Law, we aim to simplify this process for you as much as possible. The initial step in asserting your rights involves drafting a demand letter that details the accusations against the perpetrator and proposes specific monetary compensation to resolve, or “settle”, 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 the necessary 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, the court will be tasked with deciding on the claim. Either a judge or jury 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 committed to securing the compensation you deserve. While we understand that monetary compensation cannot erase the pain and suffering you’ve endured, we have witnessed the profound relief that successful civil action can bring to victims. We are prepared to support you in reclaiming your agency, finding your voice, and charting a path 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 these lasting effects can have on their everyday life. 

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

As mentioned above, there is no statute of limitations on sexual abuse claims in New Brunswick. Therefore, if you have been a victim of sexual abuse, you can take legal action against your perpetrator no matter how long ago the abuse occurred. With that being said, the sooner legal action is taken, the more evidence will be available to support your claim. 

During our no-obligation, 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

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 ask 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 New Brunswick 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 New Brunswick. 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 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 may 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.