No limitation period to launching a sexual assault lawsuit

While most civil suits in Ontario have a limitation period of 2 years, amendments came into force in 2016 that carved out an exception for sexual assault claims, such that there is no limitation period, giving victims more protection since many need time to come forward with their claims.

No criminal charges have been laid; can I still sue for sexual assault?

Correct, in Ontario, you can sue for sexual assault in civil court even if no criminal charges were laid or the alleged perpetrator was acquitted in criminal court. It’s important to understand that criminal and civil proceedings are distinct legal processes, each with its own burden of proof.

Criminal cases demand a higher threshold of evidence, known as “beyond a reasonable doubt,” since a conviction can result in loss of liberty (imprisonment). Conversely, in civil cases where the aim is often to secure compensation or other remedies for the victim, the burden of proof is less exacting. The plaintiff must persuade the judge that their claims against the defendant are more likely true than not, which is known as the “balance of probabilities standard.”

Victims can pursue one or both avenues in their quest for justice. Nonetheless, a civil lawsuit is a valid option for seeking justice even when criminal charges do not materialize or lead to an acquittal.

If you or a loved one has experienced sexual assault, contact our lawyers for a discreet and free 30 minute consultation to discuss your options.