Claims That Can Be Made In Sexual Assault Cases

October 24, 2022

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According to statistics, approximately half a million sexual assault incidents happen in Canada and only 33 incidents per 1000 incidents are reported. This is not even the worst part, out of these 33 reported incidents only 12 result in charges against the suspect and out of these 12 incidents only 6 end up in convictions.

Take a minute to let that sink in.

Imagine, for every 1000 sexual assault cases, 997 perpetrators are never held accountable for their acts.

These statistics are the reason why many men and women find it difficult to report assault and find justice for their claims. That is why we have curated this blog to help you understand how claims work and what the technicalities are of the process.

Before we move on to talk about the claims that can be made in sexual assault cases, as the best criminal defence lawyers in Edmonton, we want to put it out there that if you have gone through sexual assault, come forward and let us handle your case.

Our team of experts will help you to the best of their capabilities. We are proud to boast a high success rate in the sexual assault cases we have handled. Call us today.

Types Of Damages The Victim Can Acquire Compensation For

There are three types of damages that the victims can acquire compensation for under the court of law. These are:

Pecuniary Damages

Pecuniary damages are losses related to money. It can be a loss of your capability to earn or expenses (past or future) related to the sexual offence that took place. These damages usually have a discernible, quantifiable monetary amount attached to them.

Non-Pecuniary Damages

These are the most common types of damages that are usually awarded in sexual assault cases. Non-pecuniary damages entail emotional or non-economic loss. These include emotional trauma, pain and suffering, loss of enjoyment of life, problems with relationships and so on. Non-pecuniary damages affect a person’s lifestyle and enjoyment of life.

Punitive damages

Punitive damages are the legal recompense that the person who committed the crime has to pay. These are not meant as compensation for the victim, but rather are a way to punish the offender to condemn their actions and discourage future misconduct.

Prosecution Has To Prove Guilt Beyond A Reasonable Doubt

For claims to go through and for the defendant to be convicted, the prosecution has to prove the perpetrator’s guilt beyond doubt. This is the highest standard of proof in the courtroom so that the jury does not have any doubts regarding whether the defendant performed the act or not.

However, when it comes to sexual assault cases, proving guilt beyond a resonable doubt can be tricky. The jury has to decide, based on whatever evidence is available, if there was a lack of consent or not.

In cases like these, a Balance of Probabilities is used, it is when the plaintiff must prove that his or her accusations are more probable than not. Hence, the standard of proof needed is lower than in other criminal cases.

Moreover, if the victim is not satisfied with the results of a criminal trial he/she can take the case before a jury and receive compensation on that basis.

You Can Sue The Perpetrator

If the prosecutor feels there is not enough evidence to pursue the case or if the juries acquit based on reasonable doubts, the victim can sue the perpetrator on the basis that he/she suffered severe physical and emotional trauma.

These cases usually come under the category of intentional torts. The victim is basically claiming that sexual battery was committed without consent.

For this claim to go through, two requirements must be proven in a court of law:

  • That the unwanted physical touching was intentional; and
  • The touching was unwanted

About Slaferek Law

We are a reputed team of diligent criminal defence lawyers with immense experience in every aspect of criminal law, including sexual assault. Learn more about Slaferek Law and our unrivaled legal team.

Need a defence against sexual assault charges? Contact us now.

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contact Darin H. Slaferek

Providing a dedicated focus on criminal law, practicing ethical, effective, and efficient solutions to serve the best interests of our clients.

780-906-9228

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