Sexual Abuse Lawyers & Sexual Assault Lawyers - Toronto Ontario
Sexual Abuse lawyers specializing in sexual abuse, sexual assault, and rape claims, insurance claims, disputes, settlements and lawsuits for victims. Serving Toronto, Southern Ontario
FAQ: How Do I know if I can make a sexual abuse or sexual assault claim? (click here)
Sexual Abuse Lawyer Toronto Ontario discusses abuse victims lawsuits and settlements
Persons who, as children, teenagers
and/or adults, are the victims of sexual abuse have the right to sue
their abusers and, if applicable, the institutions or organizations
that placed these abusers in a position to abuse them.
Similarly, persons who are infected by sexual partners with a
sexually transmitted disease (STD) are entitled to sue if, at the
time of contact, they were not informed that there was a risk of
infection. The right to
sue for compensation through the civil courts is a remedy that is
distinct from pursuing an abuser though the criminal courts, or
through other available legal channels.
See our Toronto Ontario Abuse Lawyer
Elizabeth Grace’s article “Legal Redress Options Available to Abuse
Victims” in Hospital News, October 2010, which discusses the legal
channels available to victims of sexual abuse and assault.
There are many institutions or
organizations that may be responsible for paying compensation where
abuse has occurred. They
include employers of all kinds (small and large, private and
public), churches and religious institutions of all denominations,
school boards, private schools, camps and care and residential
facilities for children and adults, including those with
disabilities.
Free consultation form (click here) .
Compensation for sexual assault or
sexual abuse aims to put a victim back in the position he or she
would have been in had the abuse not occurred.
While it is never possible, though money alone, to remedy
such a serious abuse of power and betrayal of trust as sexual abuse
or assault, the courts have recognized that victims must be
compensated. The
compensation most commonly awarded to abuse victims covers the
following:
·
Pain and suffering and loss of enjoyment of life;
·
The humiliating and degrading circumstances of the abuse;
·
Past and/or future therapy and counselling costs; and
·
Past and/or future income loss attributable to the abuse.
See our Toronto Abuse Lawyer Elizabeth
Grace’s article “Trend develops for higher sexual abuse
non-pecuniary awards” in The Lawyers Weekly, February 2010, for her
analysis of the trend towards higher compensation awards in sexual
abuse cases.
In some instances, the civil courts will
also award what are called “punitive damages”.
This is money awarded to victims of sexual abuse or assault
that is specifically intended to punish the abuser for his or her
serious misconduct.
Free consultation form (click here) .
How Canadian Courts Deal with Sexual Abuse and Assault
Courts across Canada have repeatedly
recognized the serious and often devastating and long term nature of
the harms caused by sexual abuse and assault.
This recognition is clear from comments made by judges, such
as the following:
“It
cannot be forgotten that a sexual assault is very different from
other assaults. It is true that it, like all other forms of assault,
is an act of violence. Yet it is something more than a simple act of
violence…. It is an assault upon human dignity….”
— R. v. Osolin, [1993] 4 S.C.R.
595 per Cory J. at 669
“By definition, a sexual assault
deprives the victim of her dignity, her self-respect, her sense of
self-confidence and leaves her fearful of places where she had
previously found safety and solace.”
— S. (J.) v. Clement (1995), 122
D.L.R. (4th) 449 (Ont. Gen. Div.) per Lang J. at 520
“To assess damages for the psychological
impact of sexual abuse on a particular person is like trying to
estimate the depth of the ocean by looking at the surface of the
water.”
— Y.(S.) v. C.(F.G.) (1996), 26
B.C.L.R. (3d) 155 (C.A.) per Macfarlane J.A. at para. 55
“Rape is unlike any other sort of injury
incurred by accident or neglect.
Survivors of rape must bear social stigmatization which
accident victims do not. Rape is not about sex; it is about anger,
it is about power and it is about control. It is … “an overwhelming
life event.” It is a form of violence intended to create terror, to
dominate, to control and to humiliate. It is an act of hostility and
aggression. Forced sexual intercourse is inherently violent and
profoundly degrading.”
—
Jane Doe v. Metropolitan Toronto
(Municipality) Commissioners of Police (1998), 39 O.R. (3d) 487 (Gen. Div.)
per
MacFarland J. at 532
Noteworthy trial decisions awarded the
following compensation for the victims’ pain and suffering and the
humiliating and degrading circumstances of the sexual abuse and
assault they suffered (additional amounts were awarded in other
areas):
·
Doe v. O’Dell – 2003 Ontario Superior Court of Justice decision awarding
$175,000 to a man who, at approximately age 12, was repeatedly
sexually assaulted by a priest.
·
Waters v. Bains – 2008 British Columbia Supreme Court decision awarding
$325,000 to a woman who had endured more than ten years of sexual
abuse, starting at age 8, by her uncle.
·
Evans v. Sproule – 2008 Ontario Superior Court decision awarding $150,000
to a woman who, as a young adult, was sexually assaulted on one
occasion by a police officer.
The assault did not include any genital contact.
·
C.C.B. v. I.B. – 2009 British Columbia Supreme Court decision awarding
$250,000 to a woman who was sexually abused by her father between
the ages of 5 and 9.
Toronto
Ontario Lawyer Elizabeth Grace’s Legal Team
Our recommended Ontario Abuse lawyer
Elizabeth Grace has almost twenty years of experience working on
behalf of, and achieving results for, those who have suffered sexual
abuse and assault.
Elizabeth and her team of lawyers from the law firm Lerners LLP,
which includes Toronto Ontario lawyer Gillian Hnatiw and Elizabeth’s
paralegal staff, work fearlessly to advance their clients’ rights
and interests.
A civil lawsuit can yield not only
compensation for harms attributable to sexual assault and abuse, but
when handled by a lawyer experienced in the area of abuse who brings
passion, creativity and sensitivity to the task at hand, it can also
bring a sense of empowerment, vindication and closure for the
victim.
If a claim is historical in nature –
i.e., it happened many years ago, such as in childhood or
adolescence – it is particularly important not to delay obtaining
legal advice about your options because there may be limitations
periods that apply to bar or stop a claim for compensation.
See our abuse lawyer Elizabeth Grace’s recent article in The
Lawyers Weekly, February 4, 2011, “How distinct limitations apply to
sexual abuse claims”, for a discussion of the limitations periods
that can operate in sexual abuse and assault cases.
To help you navigate through the
different legal options available to victims of sexual assault or
abuse, contact recommended abuse lawyer Elizabeth Grace who leads a
team experienced in the areas of sexual assault and sexual abuse.
Elizabeth and her team have been involved in abuse-related
lawsuits involving large, medium and small-sized institutions,
including many public and private organizations, religious
institutions of various denominations, professionals like teachers,
lawyers, and dentists, and numerous individuals such as family
members and neighbours.
Free consultation form (click here) .
Elizabeth is the co-author of the
leading Canadian legal text in the area of sexual abuse, Civil
Liability for Sexual Abuse and Violence in Canada (2000:
Butterworths), as well as other publications in the abuse area.
She is also a frequent speaker at conferences dealing with
abuse-related issues.
She has advocated before all levels of court as well as before
various administrative tribunals.
She frequently assists clients whose cases involve criminal
and civil court processes as well as other legal processes, such as
the Ontario government-run criminal injuries compensation system,
human rights applications and professional disciplinary hearings.
Examples of
women and men whom Elizabeth and her team have successfully
represented include:
·
Victims of childhood sexual abuse committed by priests and clergy;
·
Victims of sexual abuse committed when they were children by persons in
positions of power at Indian residential school facilities, a school
for the blind, various public and private schools and the Boy
Scouts;
·
Victims of sexual and physical abuse who, as adults, experienced abuse in
various employment, housing and caregiving contexts; and
·
Victims of childhood sexual abuse committed by trusted professionals
(e.g., lawyer and teacher), relatives, friends and neighbours.
For an example of the public recognition
that Elizabeth’s work and cases have received, see the Chatelaine
Magazine article, “Judgment call”, October 1998
(http://lernerspersonalinjury.ca/lawyers:72).
Free consultation form (click here) .
What Clients Are Saying About Elizabeth Grace and Her Team
Former
clients (who have requested their anonymity be respected) have made
the following comments about the legal representation they received
from Elizabeth Grace and her team:
“It was at this vulnerable time in my life, in
the mid-1970’s, that I was raped by a trusted professional in
Toronto. At the time and for a very long time afterwards, I was
devastated, confused, isolated and terribly ashamed and did not know
where to turn. I told no one…Elizabeth partnered with me in dealing
with my personal triumph. She is the epitome of what an attorney
"should be". She sets the bar high for the legal profession and
client advocacy.
Elizabeth helped bring closure to a chapter in my life that I
thought would never have an ending…Elizabeth
was a relentless advocate for my rights and helped restore the
dignity that I once lost.”
“I was raised in a traditional, Irish, Catholic family.
During my teen years I was sexually assaulted hundreds of
times by two highly respected and trusted priests who were also
family friends. I was
devastated by the priests’ abuse and the lack of intervention by
adult witnesses. I was
violated physically, sexually, emotionally and spiritually for
years…. Elizabeth and her team were very sensitive to the long-term
impacts of the abuse.
I was consistently treated respectfully and
professionally….Throughout the process, I found Elizabeth to be
honest, conscientious, trustworthy and approachable.
I felt supported, respected, informed and in control of
decisions. Most
significant to me was that I felt valued by Elizabeth.
For the first time, the trauma I suffered and its impacts on
my life were understood, acknowledged and validated.
Undertaking civil litigation and facing the defendants was
extremely difficult.
Elizabeth was an excellent and true advocate.”
"A friend
recommended Elizabeth Grace and Lerners to me in the spring of 2006
when she heard I was looking for a lawyer. The year before I had
been sexually assaulted by the superintendent of the building where
I lived, who used his keys to enter my apartment in the middle of
the night and attack me with a knife. The criminal trial was coming
up, and I wanted legal advice about how to proceed, knowing I may
want to consider a civil suit, but not knowing much about what that
would entail….I met Elizabeth Grace and Gillian Hnatiw…and from our
first meeting on, they epitomized the best of professionalism,
efficiency, as well as appropriate personal sensitivity. I was
anxious and nervous about proceeding, and they explained each step
fully and clearly, explaining the potential implications of each
facet of my situation for the suit, as well as what was and was not
under anyone's control. They were sympathetic and realistic. We
proceeded despite the fact that I was not able to offer a
retainer…Both the experience of going through the civil suit, and
the material security of the resolution, have helped me slowly
redevelop a sense of being able to take care of myself and pursue my
personal and professional goals.”
Free consultation form (click here) .
Elizabeth Grace will ensure you receive
a prompt initial consultation regarding your matter at no charge so
that you can understand what options you have for recourse in
relation to the sexual abuse or sexual assault you have suffered.
Free consultation form (click here) .
Our Ontario
sex abuse and sex assault lawyers offer victims respect and
experienced guidance based upon our record for success in obtaining
fair compensation for injuries and losses in sex abuse, sex assault
and other abuse cases. Offering flexible payment structures
(including contingency fee/do not pay unless you win).
Providing services to Toronto, Scarborough, Whitby, Oshawa, Ajax,
Pickering, Port Perry, scugog, kawartha, Lindsay, Kitchener,
Mississauga, Richmond Hill, Markham, Thornhill, Vaughan, GTA Ontario
and beyond.
Sexual Abuse lawyers sspecializing in sexual abuse, sexual assault, and rape claims, insurance claims, disputes, settlements and lawsuits for victims. Serving Toronto, Southern Ontario. Our main information page can be found at Ontario Lawyers