Survivors of sexual violence often face fear, uncertainty, and a lack of clear information when deciding what steps to take next. Understanding your legal options can help you regain a sense of control and make informed choices that align with your needs, safety, and healing.
Both the criminal justice system and the civil legal system offer pathways designed to protect survivors and hold perpetrators accountable. Importantly, pursuing one option does not prevent you from exploring another.
Protections for Survivors in the Criminal Justice System
The criminal justice system includes safeguards intended to reduce trauma and accommodate the unique vulnerabilities of survivors. These protections may include:
- Testifying without facing the accused
- Courts can allow the use of technology, such as screens or video testimony, so a survivor does not have to testify in front of the perpetrator.
- Publication bans
- Survivors can request a publication ban to protect their identity from being disclosed publicly during criminal proceedings.
- Independent legal representation
- If the accused seeks to introduce a survivor’s prior sexual history or private records as evidence, the survivor’s interests can be represented by a separate lawyer.
- Victim Witness Assistance Program (VWAP)
- Survivors may access VWAP services, which provide information, court preparation, and emotional support throughout the criminal process.
Reporting to police is always a personal decision. While it is not mandatory, it may help hold the perpetrator accountable and prevent further harm.
Civil Legal Options for Sexual Assault Survivors
In addition to criminal proceedings, survivors may choose to pursue justice through the civil legal system. Civil claims focus on accountability and compensation rather than criminal punishment.
Civil legal protections and advantages include:
- Privacy protections
- Survivors can apply for a publication ban in civil cases to protect their identity.
- Most cases resolve without trial
- More than 90% of civil sexual assault cases settle out of court, meaning survivors rarely need to testify at trial.
- Dedicated legal advocacy
Survivors are represented by their own lawyer, whose role is to protect their interests, guide them through the process, and connect them with appropriate supports.
A civil lawsuit may allow survivors to seek compensation for damages such as:
- Pain and suffering
- Medical and counselling expenses
- Loss of income
- Reduced academic or future earning potential
There is no limitation period for sexual assault claims in Canada, meaning survivors can pursue civil action at any time, regardless of how much time has passed.
Additional Legal Avenues and Safety Measures
- Peace Bonds or No Contact Orders: If you fear ongoing harm or harassment, a peace bond or no contact order may help protect your safety. These can be obtained with or without police involvement.
- Institutional Accountability: In some cases, survivors may pursue claims against organizations or institutions that failed to keep them safe, such as schools, workplaces, religious organizations, or care facilities.
Accessing Support Services
Legal action is only one part of the healing process. Survivors may also benefit from financial, psychological, and social supports.
Accessing these services can feel overwhelming, but help is available. Lawyers experienced in sexual assault cases can:
- Refer survivors to counselling and trauma-informed support services
- Help navigate financial assistance programs
- Connect survivors with community and advocacy resources
Local sexual assault centres are also an excellent starting point for confidential support and guidance.
At Beckett Injury Lawyers, we understand the profound and lasting impact sexual violence can have on survivors and their families. Our approach is compassionate, survivor-centred, and grounded in accountability.
Speaking with a knowledgeable lawyer can help address fear, uncertainty, and unanswered questions, allowing survivors to make informed decisions about how they want to proceed.
If you or someone you love has experienced sexual assault, contact Beckett for a free, confidential consultation. We are here to listen, support you, and advocate for you, every step of the way.
