Sexual Assault Lawyer
Support for victims of sexual assault
Sexual assault is a traumatic, life-altering experience that can have lasting physical and psychological consequences for victims. A specialized sexual assault lawyer can help you recover and obtain legal compensation. At the MedLégal law firm in Montreal, we offer victims of sexual crimes compassionate legal support every step of the way. Our team of personal injury lawyers will help you obtain justice and appropriate compensation.
What is sexual assault as defined by law?
Sexual assault includes any act of a sexual nature committed without the consent of the person concerned. It may involve touching, sexual contact or any forced sexual activity, including full sexual intercourse. Under the Criminal Code, sexual assault is considered a serious offence, especially when committed with violence or threats. Sexual intercourse without consent is considered sexual assault. Penalties associated with these acts can include prison sentences and civil fines, aimed at compensating victims for the suffering and harm caused by the assault.
Legal concept of consent
Under the law, consent must be clear, free and voluntary. A person must be in full possession of their faculties in order to legally consent to sexual relations. Cases where consent is absent include situations of coercion, manipulation or voluntary intoxication. In the absence of consent, any contact of a sexual nature becomes a crime, exposing the perpetrator to prosecution. Consent cannot be presumed or coerced; the law requires that it be expressly given.
Types of sexual assault
Simple sexual assault
A simple sexual assault does not involve excessive violence or weapons. This type of assault includes non-consensual touching or gestures of a sexual nature committed without the victim’s consent. Even if no violence is involved, these acts are punishable by law, as they violate the physical and psychological integrity of the person concerned.
Serious sexual assault
Serious sexual assault involves the use of force causing bodily harm to the victim. The severity of the acts inflicted, the circumstances surrounding the act, and the intent to cause harm are aggravating factors, which will justify harsher penalties for the aggressor.
Sexual assault with a weapon
When a weapon is used during an assault, the act is classified as sexual assault with a weapon. This type of sexual assault carries heavier minimum penalties, reflecting the severity of the trauma imposed on the victim. An offence of this type is severely punished by the judicial system to protect society and prevent violence.
Sexual assault on a person under 16 years of age
The Criminal Code provides specific protection for minors under the age of 16. Any sexual activity involving a person of this age is prohibited, even with consent, except in exceptional circumstances. Sexual relations with a person under 16, even if the act is not forced, constitute sexual assault. Penalties for this crime are increased to account for the vulnerability of young people.
How can a sexual assault lawyer help victims?
A civil liability or personal injury lawyer plays an important role in supporting victims of sexual assault. Working side by side with the victim, the lawyer offers crucial legal and emotional support to obtain justice and compensation. Practically speaking, here’s how they can help:
- Case assessment: Provision of a detailed analysis of the situation to identify legal options and possible civil remedies.
- Evidence gathering: Assistance in building a solid case, including gathering the necessary evidence (testimonials, medical reports, etc.) to support your claim for compensation.
- Procedure: Assistance in obtaining compensation to cover medical expenses, psychological treatment and loss of income.
- Court representation: Defense of the victim's rights in court, so that their voice is heard and their interests are protected.
- Advice and support throughout the legal process: Explanation of the steps involved, the issues at stake and possible strategies. A lawyer will help the victim navigate a sometimes complex process as smoothly as possible.
- Negotiation of compensation: Negotiation with the parties involved to maximize the chances of obtaining fair financial compensation for the damages suffered.
- Personalized follow-up and listening: A sexual assault lawyer also offers human support via attentive listening and personal follow-up, according to the specific needs of each victim.
By offering comprehensive and rigorous support, our civil liability and personal injury lawyers help victims of sexual assault to get through this ordeal with solid legal backing and a human approach.
With a compassionate and professional approach, our civil liability and personal injury lawyers guide victims of sexual assault through the legal system with compassion and expertise.
Available recourse for victims of sexual assault
IVAC
Victims of sexual assault can apply for compensation from IVAC (Indemnisation des victimes d’actes criminels). This program offers financial compensation to cover medical care, therapy and loss of income. Our firm can help you build a solid case to obtain this vital support.
Civil liability
Civil liability allows victims to sue the aggressor for damages. Unlike criminal proceedings, where the aim is to punish, civil proceedings are designed to compensate the victim for the harm suffered. A personal injury lawyer will defend the victim’s interests throughout the proceedings.
Criminal complaint
Filing a criminal complaint means that the aggressor can be prosecuted in criminal court. A criminal charge of sexual assault can lead to a prison sentence for the perpetrator.
Suing your attacker in a civil suit for sexual assault
Taking legal action via a civil suit empowers survivors to seek both financial recovery and a sense of justice. Here are three reasons to consider this approach:
- Compensation for damages suffered: Civil lawsuits provide financial compensation for physical, psychological and financial damages. This type of compensation recognizes the impact of the assault and helps to relieve some of the associated burdens.
- Lower burden of proof: In civil cases, the victim only has to prove the aggressor's responsibility on a “balance of probabilities” (50% + 1), a lower requirement than in criminal cases, making it easier to obtain compensation.
- Flexibility of the process: The victim can withdraw their case at any point. This flexibility gives victims control over the process, helping them to move forward at their own pace.
Civil action often accompanies criminal proceedings. In the case of sexual assault, it makes it possible for the victim to obtain financial compensation, even if the assailant is not convicted under criminal law. Combining criminal and civil actions can increase a victim’s chances of justice.
Is there a statute of limitations?
It’s important to note that statutes of limitations vary for sexual assault prosecutions. In some cases, the law allows victims to file a complaint years after the event, in recognition of the lasting psychological impact. A lawyer can determine the applicable time limit based on your personal situation and the circumstances of the assault.
Why choose MedLégal sexual assault lawyers?
MedLégal provides quality legal and human support for survivors of sexual assault. Here are six strong points that distinguish our firm of specialized layers:
- Fine-tuned expertise in civil law and personal injury
- Personalized, empathetic support in an environment characterized by trust and respect
- Comprehensive support during the compensation process
- A tailor-made defense strategy adapted to the particularities of your case, to maximize your chances of success
- Confidentiality and discretion to preserve the victim's privacy, with secure and confidential information management
- Transparent and informed process with clear explanations of all steps and options.
At MedLégal, we understand the suffering and obstacles faced by victims of sexual assault. Our team is at your disposal to listen, advise and guide you as you pursue your goal of obtaining justice and compensation for the harm you have suffered. Feel free to contact us for an initial meeting, so we can assess your options together.