Understanding Your Legal Options as a Survivor
Sexual assault is a devastating and life-altering experience. In the aftermath, survivors often feel overwhelmed, isolated, and unsure of where to turn. While the criminal justice system provides one path to accountability, it is not the only option, and it may not always provide the sense of justice or closure that survivors are seeking.
This post explores the civil legal options available to sexual assault survivors in New Brunswick and beyond.
Criminal Charges vs. Civil Claims
When a sexual assault is reported, criminal charges may be laid against the accused. However, once charges are laid, the case is controlled by the Crown prosecutor. The survivor has limited involvement or control over how the prosecution proceeds.
A civil claim, by contrast, is initiated and controlled by the survivor. It is a separate legal process that allows survivors to seek monetary compensation for the harm they have suffered. Civil claims can be brought against the perpetrator directly, or against organizations or institutions that may be vicariously liable or legally responsible for enabling or failing to prevent the assault.
No Limitation Period in New Brunswick
In New Brunswick, there is no statute of limitations for filing a civil claim related to sexual assault. This means survivors can bring forward claims even decades after the assault occurred, including for abuse that happened during childhood.
This is a critical protection that recognizes the long-lasting impact of trauma and the reality that many survivors are not ready to come forward immediately.
Who Can Be Held Liable?
Civil lawsuits for sexual assault have been brought successfully in a wide range of circumstances. In New Brunswick and across Canada, courts have found liability in cases involving:
- Religious institutions for the actions of clergy
- Municipalities for assaults committed by employees
- School systems and staff members
- Employers for assaults by co-workers or supervisors
- Transportation providers for drivers’ actions
- Coaches, physicians, or others in positions of trust or authority
- Family members in cases of childhood abuse
Each case is unique. A lawyer can help determine who may be legally responsible and how best to proceed.
Lower Standard of Proof in Civil Cases
Unlike criminal trials, which require proof beyond a reasonable doubt, civil claims are decided based on the balance of probabilities. This means a judge or jury must decide which version of events is more likely to be true.
This lower threshold can make it easier for survivors to obtain justice through the civil system, even if a criminal conviction is not secured.
Why Speak to a Lawyer?
Deciding to pursue a civil claim for sexual assault is deeply personal. You deserve to have support, guidance, and clarity throughout the process. A lawyer can:
- Help you understand your rights and legal options
- Identify all parties who may be liable
- Guide you through the legal process with empathy and discretion
- Advocate for meaningful compensation for the harm you have suffered
You Are Not Alone
If you are a survivor of sexual assault, know that legal options are available and that it’s never too late to speak up. Our legal team is here to listen without judgment, support you through the process, and fight for your right to justice.
You deserve answers. You deserve support. You deserve justice.
If you’re in Fredericton, Moncton, or anywhere in New Brunswick, our legal team is ready to support you with compassion and clarity.
