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Four Options of Sex Abuse Victims Considering Legal Action
Home :: Business :: Legal
By: Brenda Hollingsworth And Richard Auger Email Article
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If you have been sexually assaulted, you do have legal avenues.

There are four primary routes you can take if your child, or you, have been sexually assaulted. These options are not mutually exclusive. Many victims pursue 2 or 3 of these options. You can enlist the help of a lawyer to make the right choices for you.

(A) You can call the police.

If you call the police, they will likely interview you. These interviews are often videotaped. You may also make a written statement. If the police gather enough evidence, they can, and probably will, charge the person who assaulted you.

There are a variety of charges available, but the most common is sexual assault. Sometimes the abuser is charged and convicted even decades after the abuse took place, so don't let the amount of time that has past be a deterrent. You don't need a lawyer for this process.

An assistant crown attorney (a government lawyer) will run the case, with the assistance of the police.

Most courts have victim witness assistance programs to help you prepare to testify in court. The tough part about a criminal trial from the victim's perspective is that the assistant crown attorney will have to prove that the assault happened "beyond a reasonable doubt". This can be difficult because there are often no independent witnesses.

The Crown will have to prove that you did not agree to have sex with the abuser. This is not normally an issue if the victim is a child or a relative of the accused.

However, in situations between an adult man and an adult woman it can be tricky for the crown attorney to prove that you did not consent. However, you should not be concerned just because you did not scream, fight back or shout "no". Courts know that people sometimes give in to sex because they are scared or feel they have no choice.

Generally speaking your sexual history won't be relevant at a trial so you should not be asked questions about that. This is called the "rape shield" law. However, there can be exceptions.

You may be disappointed in your abuser's sentence if he is convicted. Often, the abuser will not even go to jail.

The victim usually receives no compensation as part of a criminal proceeding. However, many victims pursue criminal charges as a way to reduce the likelihood that the abuser will strike again.

(B) You can apply to the Criminal Injuries Compensation Board

The Criminal Injuries Compensation Board is an independent agency of the Ontario Ministry of the Attorney General. Other provinces have similar boards. Its purpose is to award financial compensation to victims of violent crimes committed in Ontario. This is a useful option if the perpetrator has no money or assets and there is no other avenue to pursue compensation.

Awards are made at the discretion of the Board Members. There are 3 types of awards made by the Board, including

(a) A Lump Sum Award: up to a maximum of $25,000;

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Richard Auger and Brenda Hollingsworth are lawyers in Ottawa who advance claims for victims of sexual assault and other similar crimes. They have written a special report called:"Vital Information Sexual Assault Victims Need When Considering their Legal Options". To get free copy of this report, contact http://www.ottawalawfirm.ca ; email info@ottawalawfirm.ca or call 613.233.4529.

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