People who may have been sexually abused or assaulted by someone they know are often too frightened to file charges against them. It may be someone in a position of power, so the victim may think no one will believe them. Fortunately, since sexual assault is an indictable offence, there is no statute of limitations, which makes it easier for victims to receive compensation from their abusers.
How to File Claims
Coming forward with sexual assault or abuse can be freeing for many people. With the help of a solicitor, they may also be able to file claims against the person and receive compensation for their pain and suffering. To submit a case, you will need to report to the police against the person who assaulted you and ask them to prosecute the crime.
In some cases, the prosecutor may not file charges because the abuse or assault was many years before the report was submitted, and they may not feel as if they can get a conviction. However, if they do file charges and it leads to a conviction or an admission of guilt, then you can file for compensation from your abuser. The highest compensation amount you can receive is $50,000, along with legal fees and disbursements.
Date of Crime
When the crime occurred can affect how much compensation you can seek when you file a claim. If the offence occurred before 1971, before the law made it possible for compensation to be awarded in these matters, then you cannot file for restitution. Also, since the award amounts were once limited to $10,000 and then $20,000, if the crimes against you occurred during those times, then the award will be limited to those amounts.
Suing an Abuser
If the prosecutor declines to file charges or if the person is acquitted, then you will need to sue them if you still want to seek compensation. However, the offender must have had home or contents insurance at the time the offences happened. If the offender was a medical professional and you were a patient, you could file a claim against their professional indemnity insurance.
Lastly, sexual assault lawyers could file a claim against a company or organisation if your abuser committed their offences in the course of their employment. For instance, if a police officer, teacher, or priest sexually abused you, then you could sue their employers for vicious liability. Even if the employer was not aware of the abuse, you might still be able to hold them accountable for it.
Even though it can be hard coming forward, especially if many years have passed, you may be able to be compensated in some way for the abuse you suffered.