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Survivors of sexual assault often face an uphill battle with the emotional fallout immediately after the crime, and for years to come. One of the biggest challenges is the fear of talking about the incident, which can make it difficult for the police to press criminal charges on the perpetrator. It also does not help that the prosecution of sexual offenses has its own set of challenges.
If you have been a victim of a sex crime, you still have legal options, and a Chilliwack sexual assault injury lawyer can guide you through them. With more than 5 years practicing, a dedicated personal injury lawyer at Zacharias Vickers McCann can help you pursue a lawsuit against your attacker or someone who allowed it to happen, and get you compensated for your physical pain and emotional trauma. Holding someone liable can hopefully bring you a small sense of justice.
Sexual assault is a crime, but the challenge for survivors is that criminal charges have different procedures and rules compared to civil charges. A criminal case begins with reporting the incident to the police, which is already a difficult step for survivors. From there, the police conduct their investigation and present the evidence to the BC Prosecution Service, who then determine if there is enough to bring charges against the alleged perpetrator. Unfortunately, the prosecutor may decide that there is not enough evidence and decline to file charges.
Even if the prosecutor does file charges, the accused has a right to defend themselves, which means they can question the victim in open Court and present their own evidence. Further, a conviction requires the prosecutor to convince the jury that the accused is guilty beyond a reasonable doubt. This is a high standard of proof because it means that a reasonable person must have no doubt in their mind.
A civil case, on the other hand, is a claim filed by the victim against the attacker or a liable entity, and has a lower standard of proof. The standard of proof is called a “balance of probabilities,” which simply means that a claim is more likely than not to be true. The lesser standard makes it easier to recover compensation than to achieve a criminal conviction. Additionally, a lawsuit against the attacker may be pursued simultaneously with a criminal case and may be filed even without criminal charges. Limitation periods, which usually ban the commencement of a case after two years, are also not applicable in sexual assault cases. This permits victims to pursue claims, even if they occurred many years ago, or when they were a child.
A Chilliwack lawyer can provide guidance through the legal process of a sexual assault injury claim and discuss all available options.
A goal of a criminal case is to hold the accused responsible for their actions and a conviction could include penalties like prison time and fines. Unfortunately, there can be obstacles to pursuing a criminal conviction and sometimes there is not enough evidence to find the accused guilty beyond a reasonable doubt.
Pursuing a lawsuit against the attacker can still hold them responsible and could include compensation for injuries sustained from the assault. Remedies from a settlement or Court judgment could include hospital bills, medications, lost wages, mental health treatment, and emotional distress. A knowledgeable sex assault lawyer can pursue all available remedies from a case against the attacker, or a person or entity that was negligent in allowing it to happen.
We can set up a confidential consultation about your options. The compassionate lawyers at Zacharias Vickers McCann understand that surviving a sex crime can bring difficult and complicated feelings that make it difficult to report the attack and pursue criminal charges.
A Chilliwack sexual assault injury lawyer by your side can help pursue a case against the attacker to hold them accountable. Call us now to discuss possible compensation you might receive.