If you are a survivor of sexual assault, know that you have more than one path to seek justice. While the criminal justice system is one avenue, civil proceedings offer another option—one that can often provide a greater sense of control and personal redress.
The Criminal Justice Route
In a criminal case, the process is led by the state, typically through a Crown prosecutor. As a survivor, your role is vital: you may provide statements, evidence, and testimony. However, you are not the one who decides whether charges are laid or how the case is prosecuted. The final decisions—including whether to proceed with charges or what sentence to pursue—are made by the Crown.
Support may be available through programs like the Crime Victim Assistance Program, and a conviction can bring a sense of justice. However, outside of emotional validation, the criminal system often provides limited tangible outcomes for survivors.
The Civil Lawsuit Option
You may choose to pursue justice through a civil lawsuit against the perpetrator. Unlike in a criminal case, you have much more control. You bring the case forward, make the decisions, and seek compensation for the harm you endured.
Civil compensation may include:
- General damages for pain, suffering, and loss of enjoyment of life
- Punitive damages, aimed at punishing the offender for particularly egregious conduct
- Aggravated damages for conduct that was especially humiliating or degrading
- Reimbursement of medical and therapy costs (past and ongoing)
- Compensation for income loss, including both retroactive and future earnings
This route can also allow survivors to feel empowered by taking direct action, particularly if criminal charges did not proceed or did not result in a conviction.
We’re Here to Help
Sexual assault cases require not just legal skill but also compassion and care. Our experienced lawyers offer free, confidential consultations. We provide a supportive, trauma-informed environment where your story is heard and respected.
Whether the incident happened recently or some time ago, it’s never too late to explore your legal options. Healing takes time—when you’re ready, we’re here for you.
Baneet Hans
Baneet is an associate lawyer at Cote & Evans Trial Lawyers.
Baneet’s practice includes criminal law, family law, and civil litigation. Her practice includes a wide range of matters included but not limited to assaults, motor vehicle offences, child protection matters, divorce, and disputes related all aspects of family law. Baneet regularly appears as counsel in Provincial Court and Supreme Court, dealing with matters ranging from trials involving complex issues, to chambers applications, and dispositions.