A person may have a variety of reasons for not reporting a sexual assault right away. In some cases, they may not do so until years later. Nova Scotia law recognizes the unique circumstances of sexual assault survivors that may cause a person to withhold reporting a sexual assault and then wish to report it after many years have passed.
If you experienced a sexual assault in the past, you deserve to hold the assailant accountable for the harm you’ve suffered, no matter how much time has passed since the assault. The lawyers at Wagners Law Firm will advocate for your rights and interests in a historic sexual assault claim. Our firm focuses on protecting people harmed by others’ wrongful acts. We represent clients in Halifax and across the Atlantic Provinces. Our lawyers have decades of success in injury litigation, including in some of the most complex or novel cases.
If you experienced a sexual assault years ago, a compassionate Halifax sexual assault lawyer from Wagners Law Firm can help you seek accountability and justice. Contact us today for a confidential consultation to learn how we can assist you with pursuing a historic sexual assault claim.
Understanding the Legal Framework for Historic Sexual Assault Cases
Under Nova Scotia’s Limitations of Actions Act, the provincial government has removed all statutes of limitations on sexual assault claims, even for claims that may have accrued before the effective date of the present version of the Act. As a result, survivors of sexual assaults that occurred long ago may have the right to pursue civil claims against their abusers. Sexual assault survivors can file a civil lawsuit against an abuser to recover compensation for the harm they’ve suffered due to the assault, including for:
- Out-of-pocket medical expenses to treat physical injuries or other health conditions caused by the assault (such as sexually transmitted infections)
- Costs of mental health therapy to treat the emotional and psychological injuries caused by sexual assault
- Lost income from missed time from work while recovering from the physical and emotional trauma of an assault
- Emotional trauma and distress
- Reduced quality of life caused by depression, anxiety, or other mental health issues that interfere with daily living or participating in activities one enjoys
In a civil case for historic sexual assault, a survivor must prove, on a balance of probabilities, that they suffered injuries caused by an alleged abuser’s sexual assault. The law imposes no limitations period on bringing an indictable offence to charge a person with criminal sexual assault, meaning that Crown prosecutors can indict an abuser for sexual assault that may have occurred many years ago. When an abuser gets convicted of sexual assault in a criminal case, a survivor can use that conviction as evidence in a civil lawsuit to prove the abuser’s liability for the survivor’s physical and emotional injuries and resulting losses.
The Role of Trauma in Delayed Reporting
Unfortunately, many people who suffer sexual abuse or assault do not report it or seek legal relief for the physical and emotional harm they’ve suffered due to the trauma caused by the assault. Many survivors do not wish to relive their assault by participating in a criminal investigation or filing a civil lawsuit against their abusers. Survivors may fear further harm by reporting their assaults and seeking criminal or civil justice, including suffering social stigmatization or public humiliation. Trauma caused by a sexual assault can also have a significant effect on a person’s emotions and cognitive processes.
Trauma can also play a significant role in delayed reporting by child survivors of sexual assault. Young children who do not yet have significant knowledge of sexuality may not realize that they have experienced sexual assault until years later. Even when children realize that something wrong has happened to them, the trauma of sexual assault may cause them to repress memories of the assault for years or decades.
Unfortunately, the trauma of a sexual assault can cause a survivor to exhibit various behaviours, such as:
- Not remembering aspects of the assault or having blanks or inconsistencies in their memory
- Struggling with decision-making
- Exhibiting no emotions following a sexual assault or emotions seemingly inconsistent with someone who has experienced an assault
- Blaming themselves for the assault
- Denying or minimizing the assault
- Continuing to have a relationship with their abuser
- Retracting their allegations
A traumatic experience like a sexual assault can also impair a person’s ability to remember details of the assault, including intensifying their memory of specific details, allowing them to remember them vividly while blanking out other details, ultimately leading to a fragmented memory of the assault. Sexual assault survivors may choose to delay reporting their assault because they cannot remember all the details of the assault and fear that others will not find their claims credible due to gaps or inconsistencies in their accounts.
The Importance of Legal Representation in Historic Sexual Assault Claims
Hiring experienced legal representation can give you the best chance of pursuing claims that may allow you to pursue accountability and justice from your abuser. A historic sexual assault lawyer can provide dedicated support and guidance as you pursue your legal claims by:
- Sitting down with you to listen to your story
- Evaluating your legal options for pursuing accountability and justice from your abuser, including whether you may have a viable civil claim
- Thoroughly investigating the assault to recover any remaining available evidence, including witness statements, photos, and videos
- Bringing your claims to court and advocating on your behalf to fight for the financial relief and justice you deserve
Although no amount of money can undo the harm you experienced due to a sexual assault, you deserve to seek compensation for your financial losses and emotional suffering, which can provide you with some measure of justice from your abuser.
Contact a Lawyer for Help with Historic Sexual Abuse Claims in Halifax
If you suffered sexual abuse or assault years ago, you may have the right to seek accountability and financial compensation from your abuser. An experienced sexual assault lawyer in Nova Scotia from Wagners Law Firm can help you seek justice for the harm you’ve suffered. Contact our firm today for a free, no-obligation consultation to discuss your legal options.