Civil Remedies

Civil remedies are monetary compensation for what has happened - the victim sues for specific and/or general damages. Alberta has just passed The Limitations Act, which deals with civil actions. This legislation serves to limit the time within which survivors can bring a civil suit against their offender. The act states that "the claimant must commence action within two years of discovering the claim". This means that you have two years from when the abuse ceases or two years from when your repressed memories return to start a civil action against your offender. (It is important to know that this legislation applies to Alberta only and you can check the limitation period - if any - in another province if the abuse occurred there or the offender lives there).

If you meet these criteria, civil remedies can be pursued along with, or instead of, criminal charges. The fact that the assault was reported to the police, and that a criminal charge has been laid, may make it easier to proceed with a civil suit (even if the offender is found not guilty).

There is a different standard for determining liability in civil cases. The standard in these cases is based on 'a balance of probabilities' (whether it is more likely that the assault took place than not).

Civil suits require you to retain your own lawyer. The process for doing this will vary with each individual lawyer, however, there are some lawyers in the city that will take these cases and do not require payment until damages are awarded or a settlement is reached. Their fee will be a percentage of what you receive. For referrals of lawyers recommended by the Sexual Assault Centre please call our Crisis line at 423-4121 anytime.

Criminal Charges