Ontario and Nova Scotia loosening rules on sex abuse cases, making it easier for victims to sue their attackers

CANADA
National Post

Sarah Boesveld | April 7, 2015

Two Canadian provinces are making it easier for victims of sexual assault to sue their attackers — a move proponents hope will lead more people to seek civil justice, although critics feel this will not protect complainants from the victim-blaming they seek to avoid.

Just over a week ago, Nova Scotia removed its statute of limitation in sexual abuse cases, allowing victims to pursue a civil claim no matter how much time has passed.

In its wide-sweeping action plan to stop sexual violence and harassment released last month, Ontario pledged to amend the statute of limitations to drop time restrictions on filing a lawsuit alleging sexual assault.

As the impacts of sexual assault become better understood, personal injury lawyers are getting more queries from victims of sexual assault by partners, or colleagues. Some may choose to pursue a civil claim, instead of a criminal complaint, in an attempt to maintain some control over their experience and to see the burden of proof significantly lowered. Both options are possible.

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