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ARTICLE · 07 NOVEMBER 2012

What Defences May Apply To A Sexual Assault Claim? – Part 2

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This is the second of a two-part series on defences to claims for compensation based on sexual assault.

CanadaLitigation, Mediation & Arbitration
Elizabeth Grace
Elizabeth Grace
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This is the second of a two-part series on defences to claims for compensation based on sexual assault.

This second part deals with what I call "technical-legal" defences. These are defences that operate irrespective of whether sexual abuse is proven to have occurred. Where these types of defences apply, they generally operate as complete defences – in other words, they serve to defeat the claim being asserted, whether or not the abuse occurred. As such, they can be powerful defences.

Where there are multiple defendants in an action, it is important to remember that technical-legal defences may only be available to be asserted by some of the defendants. Also, they may only succeed for some of the defendants, but not others who may still be liable.

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