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ARTICLE · 17 OCTOBER 2013

Lawyers Call For Higher Damages In Civil Sexual Assault Cases

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As a lawyer who regularly represents victims of sexual abuse, I was interviewed by Law Times about the quantum of damages awarded to successful plaintiffs in civil claims for sexual assault and sexual abuse.

CanadaLitigation, Mediation & Arbitration
Elizabeth Grace
Elizabeth Grace
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As a lawyer who regularly represents victims of sexual abuse, I was interviewed by Law Times about the quantum of damages awarded to successful plaintiffs in civil claims for sexual assault and sexual abuse.  While the courts "readily acknowledge in a general way that sexual abuse causes ... profound injury and loss" that recognition hasn't translated into "specific and quantified damages [commensurate with] that injury and loss". This is particularly troubling when the damage awards in sexual assault cases are compared to damage awards in other types of cases, such as defamation.

For example, in a recent defamation claim before the Ontario Superior Court an Ontario man successfully sued two of his nieces for loss of reputation based on their accusations of childhood sexual abuse. The judge rejected the nieces' counterclaim for sexual assault. The uncle was awarded $125,000 in general damages. In stark contrast to the large sum awarded for the uncle's

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