Criminal vs. Civil Justice For Sexual Abuse Survivors

The recent Hockey Canada trial has raised questions relating to how criminal and civil cases involving sexual assault allegations can differ.

This criminal trial followed a civil lawsuit that resulted in a settlement between Hockey Canada and the complainant, E.M., whose identity is protected. The decision to pursue a criminal charge and/or civil sexual assault claim often rests on the important ways in which they differ.

After weeks of questioning faced by the complainant, many were left with the impression that the criminal justice system is hostile and re-traumatizing for victims of sexual violence. This is furthered by the fact that the accused do not have to testify in criminal trials, as their freedom is at stake.