Prince Edward Island Sexual Abuse Lawyers

At NOVA Injury Law, we understand the challenges that come with experiencing and reporting sexual abuse. Our team is dedicated to ensuring that you feel supported and at ease as we guide you through the process of your claim. It’s unacceptable for anyone to endure sexual assault or abuse, but in the unfortunate event that it occurs, we are committed to helping survivors seek the answers and justice they deserve. Statistics indicate that one in three women and one in six men will face sexual abuse at some point in their lives. At NOVA Injury Law, we want you to know that you are not alone.

What is Sexual Abuse?

Sexual abuse can manifest in various ways. Essentially, it involves any sexual activity that occurs without your consent. These acts can vary from unwelcome sexual touching and fondling to rape and incest. Regrettably, sexual abuse can happen in diverse settings, and the perpetrators are often known to the victims. Survivors often 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 empathy you deserve.

Legal Help for Sexual Abuse in Charlottetown

Have you been the victim of sexual abuse in Charlottetown, Prince Edward Island? NOVA Injury Law is ready to help you navigate your options in taking legal action and holding your perpetrator 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. 

Shocking statistics reveal that Canada’s criminal justice system fails to prosecute 997 out of 1,000 sexual assault cases, leaving a fraction of offenders to be held accountable. This is why pursuing a civil claim is of interest to many sexual abuse victims. 

Civil Action

Entirely separate from criminal law, you can also take civil action against the party responsible. In Prince Edward Island, there is no statute of limitations on sexual abuse claims against institutions, 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 Charlottetown

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?

At NOVA Injury Law, we take on claims 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 because of this, victims may be unwilling to come forward due to fear of reprisal, stigma, or disbelief, and perpetrators may exploit the institutional environment to conceal their actions. Our team of sexual assault lawyers is dedicated to ensuring that you receive the justice you deserve, especially when the criminal courts have failed to deliver it.

Types of Damages Claimed for Sexual Abuse in Charlottetown

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

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.  

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 Charlottetown

As mentioned above, there is no statute of limitations on sexual abuse claims in Prince Edward Island. This means that if you have been a victim of sexual abuse, you can take legal action against your assailant whether it occurred, days, weeks, months, years or even decades ago. 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

We understand that this process can be daunting and that many questions come along with filing a claim. We are hopeful that the following frequently asked questions will help to ease some of the anxiety that may come with doing so. 

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 Prince Edward Island there is no statute of limitations for sexual abuse claims against institutions. Although we recommend starting your action sooner rather 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 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 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 Prince Edward Island. 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, 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, 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.