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ARTICLE · 25 JANUARY 2024

Sexual Abuse Matters In The Civil And Criminal Systems – What's The Difference?

Instances of sexual abuse can be addressed legally in the civil and criminal systems. Some matters may end up in both. The processes, purposes of, and possible outcomes in each differ.

CanadaLitigation, Mediation & Arbitration

Instances of sexual abuse can be addressed legally in the civil and criminal systems. Some matters may end up in both. The processes, purposes of, and possible outcomes in each differ.

Criminal matter

A criminal case is pursued by the Crown with the benefit of police investigation.

The goal of the criminal matter is to determine the guilt or innocence of the accused abuser. The burden of proof rests with the Crown to demonstrate that the accused is guilty beyond a reasonable doubt. Until then, the accused is presumed innocent.

In criminal matters, the victim will appear in court as a witness for the Crown, as opposed to a party, and will not necessarily provide instructions as to how the matter is handled or resolved. It does not cost the victim anything for this process to unfold and to reach a conclusion.

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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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