White Paper Prepared for Sexual Violence (Civil) Conference 2023: Considerations When Bringing Claims Against Family Members

Childhood sexual abuse or assault can have far-reaching effects that are unique to each survivor. Survivors often experience a range of emotions, including shame, guilt, depression, and anger. For survivors who were abused by a family member, the anger can be directed toward parents or guardians who may have known about the abuse but did nothing. In such cases, survivors may want to include their parents or guardians in a civil claim.

This white paper from Hammerco Managing Partner Morgyn Chandler, “Considerations When Bringing Claims Against Family Members,” examines the causes of action that can be applied in such cases, the features that must be present for a successful claim, and how these cases have been treated in British Columbia courts. It also explores claims involving abuse by siblings, which can present particular considerations depending on the age of the children involved and whether the perpetrator was also a child at the time of the abuse.

The paper reviews recent decisions involving bystander family members and sibling perpetrators. The aim is to help lawyers draft pleadings and assess the likelihood of recovery from primary or secondary defendants.

Download now and gain insight into:

• ​The legal options available to survivors of childhood sexual abuse or assault in British Columbia, particularly those involving family members.
• Practical issues to consider when drafting pleadings and assessing the likelihood of recovery from the primary or secondary defendants.