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Anyone who has been sexually assaulted can bring forth a civil claim, it will depend on the facts and whether you can recover damages from the perpetrator. A criminal case by contrast requires you to report the crime, usually a sexual assault, to the police. The police will then investigate and either recommend charges to the crown prosecutor, or not. If they do recommend charges, it will be up to the Crown to approve the charges against the perpetrator and then, if the perpetrator does not plead guilty, there will be a trial.

In a criminal case, the crown has to prove the case “beyond a reasonable doubt” meaning that there is a very high burden of proof to meet in order to achieve a conviction. By contrast, in a civil case, the burden of proof is “on the balance of probabilities” which means it just needs to be more likely than not that the offence occurred. A civil claim has a lower burden of proof, and the survivor has more control in the process.

You can bring both or either a civil claim or a criminal investigation, it is up to you, and if you report to the police, it will be up to them to ensure there is enough evidence to proceed.

No. a civil claim is a lawsuit brought by one person against another person or institution. Although it may be helpful to have a police investigation or criminal conviction, this is not required to bring a civil claim.

Yes, a civil claim is separate from a criminal charge. You can sue a person or institution for sexual assault even when it has not been reported to the police and there have not been any criminal charges.

Yes, depending on the facts of the case, you may be able to bring a claim against an institution based on vicarious liability or negligence. Vicarious liability is a legal principle that makes an institution, often an employer, responsible for the actions of another person, often an employee. Whether vicarious liability exists depends on the nature of the relationship between the perpetrator and the institution.

You can bring a civil claim against anyone who harmed you, whether they are a stranger or family member or anything in between. There will be other factors to consider when bringing a claim against a family member, such as the family dynamics and how it may impact other family members. If you would like to speak with one of our lawyers about the process and your options, please contact us directly.

No, there are no limitation periods for commencing a civil lawsuit for sexual assault in BC.

Yes, because there is no limitation period, you can take action at any time, whether the assault happened ten, twenty or fifty years ago.

Yes, because there is no limitation period in BC, you can take action for sexual assaults that happened recently or many years ago.

In BC there is an option to apply to the court to have your identity protected. In that case, you will be identified by initials or a pseudonym instead of your name. there is also an option to seek a publication ban which would prevent the media from printing anything which could identify you.

If you file a civil lawsuit for sexual assault, you may have to go to trial in which case you would have to testify about your experience. However, many cases settle during the litigation process without going to trial.