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ARTICLE · 10 FEBRUARY 2014

What Defences May Apply To A Sexual Assault Claim? - Part 1

This is the first of a two-part series on defences in claims for compensation based on sexual abuse.

CanadaLitigation, Mediation & Arbitration

This is the first of a two-part series on defences in claims for compensation based on sexual abuse.

When compensation is claimed in a civil lawsuit based on sexual abuse, there are various defences that may be asserted in response. Depending on whether it is the person who is alleged to have committed the sexual assault, or another party who may be responsible for the assault, like an employer or organization with oversight responsibilities, the defences may differ. While defences can (and will normally) be asserted at the start and in the course of a lawsuit, this does not mean they will succeed. Ultimately, a court has to decide whether or not a defence is proven and, if so, what the consequences are. If a defence is established, this may mean the whole claim fails; it can also mean only a part of the claim fails (e.g., against one party but not another, or in relation to some events and not others).

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