‘What should I do? What would you do?’ are questions survivors of sexual abuse often ask when they first consider coming forward

This content was paid for and created by Gluckstein Lawyers, separate from Xtra’s editorial staff.

The healing process after experiencing sexual violence will look different for each individual. Many survivors need a lot of time to work through this trauma on their own or with the help of counsellors and other support before deciding to do anything further. Some people may want to pursue criminal charges against their abuser by contacting the police. Others may choose to launch complaints with disciplinary bodies if their abuser belongs to a profession where their continued employment or practice may put others at risk. Still, others may only want to make their own peace with what happened and not pursue any further actions against their abuser.

Any and all of these options are valid. A survivor’s journey to healing is very personal to them, and their unique circumstances will play a role in what they choose to do and when they choose to do it. Whatever their choice is, it is the right choice for them, no matter what others think they should do.

In some cases, launching a civil lawsuit against an abuser is an option for a survivor. When considering whether this is the right choice for you, there are some important things to know.

It’s estimated that only about 1 in every 20 sexual assaults is reported to the police. Police will investigate these allegations and determine whether criminal charges can be laid in consultation with Crown prosecutors. Charges will be laid only in a handful of cases, and less than half of cases with criminal charges result in a guilty verdict.

Notwithstanding that, statistics suggest false reports of sexual assault are exceedingly rare, less than half of these reported crimes end with an abuser being found guilty.

It is extremely important to remember that being found “not guilty” is not the same as being “innocent” of the alleged crime. The burden of proof for a guilty verdict in criminal cases is high. A defendant must be found to have committed the crime beyond a reasonable doubt. Often, the proverbial “got off on a technicality” is precisely why an otherwise guilty person is found not guilty. In contrast, the civil standard is only a balance of probability (50+1). There are times when notwithstanding a not guilty verdict in the civil trial, the same fact situation will result in a defendant being found civilly liable.

Finally, the survivor is only treated as a witness to the crime in a criminal case. If everything goes well, the perpetrator is convicted. But, the sentence is often minimal, and the victory can seem hollow to the survivor because they were put on the stand and walked away without any true change in their lives. However, in a civil case, a successful survivor walks away with some compensation to help rebuild their lives by being able to afford therapies and better provide for themselves and their families. While money is rarely the reason survivors begin lawsuits, it is an actual and direct benefit to the survivor at the perpetrator’s expense. No amount of money will ever undo the real damage of sexual abuse, but it will provide some amount of help.

Beyond the greater odds of a favourable result in a civil case, many survivors tell us that launching a civil action in itself brings them a sense of control over their life that an abuser had taken from them. This is such a powerful part of the healing journey that most survivors need an outside symbol to feel that they have regained control.

Survivors often find that when they decide to start a sexual abuse lawsuit, it is a real step towards the survivor being in control of their own life and exercising control over a person or entity that had robbed them of that power. In a civil case, the survivor has the power to proceed, negotiate, settle or go to trial. The abuser does not have the same amount of power.

A sexual abuse or sexual assault civil action is not for everyone. When prospective clients contact us, we explain all of the options they have and support them so they can make an informed decision about what is best for them.