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Experiencing sexual assault or abuse ranks among the most painful and life-altering things a person can go through. Fear and shame keep many survivors silent, which is why the overwhelming majority of sexual assaults in Canada are never reported. Even survivors who do come forward often encounter disbelief, and a report to police doesn’t always lead to criminal charges, leaving many feeling isolated, dismissed, and denied any real sense of justice.
A great deal of sexual abuse only comes to light years, even decades, after it occurred. In Alberta, that delay doesn’t close the door to justice. The province’s Limitations Act has eliminated the time limit for filing a civil claim for sexual assault, meaning survivors can pursue a claim no matter how much time has passed since the abuse took place.
As is so often true, sexual assault and abuse is committed by someone the survivor knows and trusts, a family member, a friend, a partner, or someone in a position of authority, such as a teacher, coach, or religious leader.
The harm caused by sexual assault or abuse can last a lifetime, affecting a survivor both physically and emotionally.
If you’ve experienced sexual assault or abuse, whether recently or in the past, understanding your legal rights and options matters. Depending on your circumstances, you may be entitled to compensation for pain and suffering, past and future loss of income, past and future costs of care, and in some cases punitive or aggravated damages. Please don’t hesitate to reach out to one of our lawyers for a free, confidential consultation to discuss your case and your legal options.
Frequently Asked Questions
Is there really no deadline to file a civil claim for sexual assault in Alberta?
Correct. Since 2017, Alberta’s Limitations Act has removed the two-year filing deadline that used to apply to civil claims for sexual assault. You can bring a claim regardless of how long ago the assault occurred.
Do I need to have reported the assault to police to bring a civil claim?
No. A civil claim is separate from any criminal case. You can pursue compensation through the civil courts whether or not police were involved, and whether or not charges were laid.
Can I bring a claim if the abuse happened when I was a child?
Yes. The removal of the limitation period applies retroactively and covers sexual assault and abuse regardless of when it occurred, including abuse that happened decades ago or during childhood.
I’m not sure I’m ready to take legal action. Should I still reach out?
Yes. Speaking with a lawyer doesn’t commit you to filing a claim, it simply gives you the information you need to make that decision when, and if, you’re ready.
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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