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Taking the step to explore legal options after experiencing sexual assault or abuse is an act of immense courage. For many survivors in Toronto and across Canada, the path to justice can feel overwhelming, and the thought of navigating the criminal justice system can be daunting. According to data from Canadian police, there are more than 23,000 founded cases of sexual assault in the country every year, and for each of those individuals, the journey of healing is unique.
What many survivors don’t realize is that the criminal system is not the only avenue for accountability. A civil lawsuit offers a fundamentally different path—one that is controlled by the survivor and focused on acknowledging the profound harm they have endured. It is a powerful tool for reclaiming control and finding a voice in the legal system.
Criminal vs. Civil: Understanding the Difference
The most empowering aspect of a civil lawsuit is that the survivor is in the driver’s seat. Unlike in a criminal case, where the survivor is a witness for the state (the “Crown”), a civil case is initiated and controlled entirely by the survivor (the “plaintiff”).  Â
Sandra Zisckind, a personal injury lawyer in the field, explains, “A civil lawsuit gives power back to the survivor. It’s a process they control, focused on accountability and the profound harm they’ve suffered. It’s about finding their voice in the legal system.”
Here’s a breakdown of the key differences:
| Feature | Criminal Case | Civil Lawsuit |
| Goal | To prove guilt and impose a punishment (e.g., jail time). | To hold the responsible party liable and obtain financial compensation (“damages”) for the harm caused. |
| Who is in Control? | The Crown (the state). The survivor is a witness. | The survivor (the plaintiff). They make the decisions and control the pace of the case.   |
| Burden of Proof | “Beyond a reasonable doubt” (a very high standard). | “On a balance of probabilities” (meaning it is more likely than not that the event occurred). |
| Outcome | A verdict of guilty or not guilty, and a potential criminal sentence. | A monetary award to compensate the survivor for their losses and suffering. |
A civil claim can be pursued even if criminal charges were never filed, or if a criminal trial resulted in an acquittal. The two systems are completely independent.
Holding Institutions Accountable
A crucial aspect of many civil sexual assault cases is the concept of institutional liability. This means it is not only the individual perpetrator who can be held accountable. Institutions such as schools, sports organizations, spas, religious organizations, or employers have a legal duty to provide a safe environment for those under their care.  Â
If an institution knew, or should have known, about a risk of abuse and failed to take reasonable steps to prevent it, it can be found negligent and held liable for the harm that occurred. This could include:
- Ignoring complaints or “red flags” about an individual.
- Failing to conduct proper background checks on employees or volunteers.
- Lacking adequate safety policies, training, or supervision.
This is a critical avenue for justice, particularly in cases of abuse in Ontario schools or within sports organizations, where a position of trust was violated.
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What Can Compensation Cover?
The goal of a civil case is to obtain financial compensation, known as “damages,” to acknowledge the profound and lasting impact of the assault. While no amount of money can undo the harm, it can provide essential resources for healing and rebuilding. Damages in a civil claim can cover a wide range of harms, including:
- Psychological Trauma: Compensation for emotional and psychological harm, such as post-traumatic stress disorder (PTSD), anxiety, and depression, as well as the cost of ongoing therapy and treatment.  Â
- Loss of Income and Future Earnings: If the trauma has impacted the survivor’s ability to work, complete their education, or pursue their career.
- Physical Injuries: Costs associated with any immediate or long-term physical injuries sustained during the assault.  Â
- Other Life Impacts: In some cases, damages can cover the devastating consequences of contracting a sexually transmitted disease or an unwanted pregnancy resulting from the assault.  Â
A Process Built on Safety and Confidentiality
The decision to share your story is a profound one, and concerns about privacy and emotional safety are paramount. The civil legal process is designed to protect you. From the very first conversation with a lawyer, all communications are shielded by solicitor-client privilege, a fundamental legal protection ensuring that everything you share is held in the strictest confidence.  Â
A trauma-informed legal team will guide you through every step with compassion, moving at a pace that feels comfortable and ensuring you remain in control of all decisions. The goal is to empower you with knowledge and support, making the legal journey a tool for your healing, not a source of further trauma.  Â
Furthermore, to ensure justice is accessible to everyone, regardless of their financial situation, many personal injury lawyers handle these cases on a contingency fee basis. This means there are no upfront costs or legal fees; the firm is only paid a percentage of the compensation if the case is successful. This model allows survivors to pursue justice without adding financial stress to their journey.  Â
Knowing Your Rights
Taking the step to explore your legal options after experiencing sexual assault or abuse is an act of immense courage. Knowing what to do in the aftermath of an incident is the final piece of a truly comprehensive safety plan. If you have been harmed, the initial steps you take are critical for your well-being and any potential claim.
The personal injury lawyers at Diamond & Diamond Lawyers provides a clear, actionable guide for anyone involved in sexual assault cases. Having a trusted resource can provide the clarity and peace of mind you need.
About Jeremy Diamond
Jeremy Diamond is a lawyer and member of both Ontario and Florida Bars. Jeremy practices in the area of Plaintiff personal injury litigation. Click here to learn more about Jeremy Diamond.
