Someone who has experienced sexual violence has many options. Some people file a complaint with the police, others try to start a class action. If a criminal case or a class action doesn’t go the way you hoped, you can also file an application in civil court. This kind of application is mainly used to ask for financial compensation. It’s what’s being used by nine women who are taking Gilbert Rozon to court for 14 million dollars.
Asking for financial compensation
If you’ve experienced sexual violence, you can file an application in civil court to ask for financial compensation. This can be done whether or not you choose to report the situation to the police at the same time also report the situation to the police later. You don’t have to wait until a criminal case is over to sue someone in civil court, because they are two different types of cases.
The law says that someone who does something wrong must pay compensation for any damages they cause. This means that if you’ve experienced sexual violence, you can ask for financial compensation for the damages you suffered.
Damages mean the negative consequences you experienced. Damages can be physical, financial or psychological. For example, you can ask for financial compensation for income you lost or for a physical injury related to an assault. In 2022, one woman received $20,000 in financial compensation for her injuries after being sexually assaulted. You can also ask to be reimbursed for certain expenses related to care like psychotherapy.
In some cases, the judge can also order the person who committed the assault to pay “punitive damages” to the person who experienced sexual violence. This amount is intended to punish someone because their actions were serious or intentional, and to discourage other people from doing the same thing.
For sexual violence cases, courts sometimes order a higher amount of damages when a child is involved. For example, in 2024, one man was ordered to pay $37,500 in punitive damages and $165,000 in financial compensation to someone who was a minor when the sexual contact happened.
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Was the person who committed the assault found guilty in a criminal case? You can use this decision as proof in a civil case. Since December 4, 2024, a decision finding someone guilty of sexual violence can be enough to prove that this person did something wrong for the purposes of a civil court case. |
Filing an application years later
In some situations involving sexual violence, you may have a longer deadline to file your application in civil court. This deadline can vary. You can consult a lawyer to find out which deadline applies in your situation.
Your reputation can’t be called into question
Since December 4, 2024, people who have experienced sexual violence can no longer be asked questions about their actions or reputation during a civil court case. This new rule also applies to victims of domestic violence.
Here are some examples of your actions or past that are now considered irrelevant:
- facts about your reputation,
- the fact that you didn’t report something to the police,
- the fact that you didn’t ask for the violence to stop,
- the fact that you waited before taking the person who committed the assault to court.
Also, if the person you’re taking to court tries to attack your credibility by talking about your sexual behaviour, this will also be considered inadmissible.
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People who have experienced sexual violence may need support to work through what happened. In Quebec, many resources providing assistance and accompaniment offer psychological, medical and social support. |