ARTICLE · 03 FEBRUARY 2015

Why Are Damages In Civil Sexual Assault Cases So Low?

Torkin Manes LLP

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Over 20 years ago, I became interested in civil sexual assault cases partly because the damages being awarded to abuse survivors by Courts were so low.

CanadaLitigation, Mediation & Arbitration

Loretta Merritt

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Over 20 years ago, I became interested in civil sexual assault cases partly because the damages being awarded to abuse survivors by Courts were so low. Since that time, I have watched the trends in the cases decided in Courts both by judges and juries. Without doubt, I have seen a general upward trend in the amount of damages awarded to abuse survivors. However, compared to the damages given to other kinds of plaintiffs (e.g., car accident victims or plaintiffs in defamation cases) the awards are still relatively low. I have spent a lot of time thinking about this issue and came to the conclusion that the answer is multifaceted. For many reasons, civil sexual abuse cases are very different from other types of cases and present unique legal challenges, including challenges in assessing damages.

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Originally published on http://abusehurts.ca/

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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