Shedding light on sexual abuse: what are a survivor's option?

Simona Jellinek /
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Shedding light on sexual abuse: what are a survivor's option?

Sexual abuse and sexual assaults are crimes where one or more perpetrators engage in unwanted sexual activity with a person who does not or cannot consent to it.

One in four girls and one in six boys will be sexually abused before the age of 18. The majority of these children and youth will know their abuser. Adults who experience a sexual assault also frequently know the perpetrator - it may even be their own spouse. Yet whether you’ve been hurt by someone you know or a stranger, it can be a traumatic and life-shattering experience.

It’s very important to remember that every survivor’s story and circumstances are different, and each survivor must be empowered to choose what, if anything, they want to do about the harm they suffered. Whether you are considering taking steps now or at some point in the future to address what occurred, this blog post will give you some general information about sexual abuse and sexual assaults, and outline some of the options you have.

Sexual abuse and sexual assault are crimes of power and control. An abuser’s non-consensual, unwanted sexual contact with another person is a violation of that person’s bodily autonomy.

Canada’s Criminal Code (sections 271-273) defines sexual assault as “an assault committed in circumstances of a sexual nature such that the sexual integrity of the victim is violated.” The penalties for sexual assault vary depending on the type and extent of a person’s injuries and whether the person harmed is under the age of 16.

Establishing whether there is consent for sexual activity, whether consent was given but is later withdrawn, or whether there are circumstances that make it impossible for a person to consent are critically important elements for understanding how the law applies.

For example, implied consent (from silence or not saying “no”) is not considered a valid defence.

Moreover, consent cannot be given if a person is unconscious, incapacitated, will suffer bodily harm from the sexual activity, or if consent has been obtained through an abuse of power or authority. Finally, generally the age when a person is deemed capable of consenting to sexual activity is 16 years, but there are exceptions which raise the age of consent (prostitution, pornography, a relationship of authority/trust/dependency) or lower it (consensual relationships involving people close in age).

Often a person who has been sexually abused or sexually assaulted will not immediately disclose what happened to them. There can be many reasons why a person would want or need to wait before coming forward

It is essential to understand that deciding when and if to come forward is entirely up to a survivor. There are no statutory limitations for sexual abuse and sexual assaults. In other words, generally there are no laws that prevent a survivor from seeking criminal charges or advancing a civil lawsuit after a certain period of time has passed. This means that even if the abuse or assault you suffered was months, years, or even decades ago, it may still be possible to seek justice from the courts.

If the sexual abuse or assault happened very recently or is ongoing, however, you should consider going to a doctor as soon as possible. Even if you have no intention of reporting the assault to the police at the time, the evidence a doctor collects may be extremely important if you change your mind in the future.

If you plan to pursue justice through the courts or professional regulatory bodies, it’s advisable to first contact a lawyer with a practice focused on personal injuries.

Once you have received independent legal advice, depending on the facts in your case and your own level of comfort, you may have several options available.

Many sexual abuse lawyers work on a contingency basis, meaning you will only pay legal fees if you receive compensation from the defendant.

While obtaining compensation is one of the aims of this type of action, no amount of money will ever truly compensate a survivor for the harm done to them. Rather, many people consider whatever compensation they receive (from a settlement or court judgement) as symbolic recognition that they have been wronged.

These include:

• Reporting the abuse or assault to the police

• Filing a civil claim for damages

• Making a report or complaint to a professional body

In some cases, survivors who hear about these options elect not to pursue any of them. The knowledge that they could take these actions is enough for them.

There are many paths a survivor can take as they heal. Discovering that there are no or limited legal avenues available to you can be a form of closure in itself.