Sexual assault frequently results in counselling expenses, medication expenses, lost productivity at work, lost income, and emotional pain and suffering. These expenses can be compensated for through civil court in the form of damages.
You can also have a civil claim in co-occurrence with a criminal case. There is no statute of limitations on civil sexual assault claims in Ontario.
Why Pursue a Civil Case?
- Monetary Damages- in a civil case, the complainant is suing for monetary damages. In a criminal case, the case is brought by the province against the accused. A criminal case could result in sentencing of the accused. A criminal case will never result in monetary damages for the complainant.
- Burden of Proof- the burden of proof in a civil case is a balance of probabilities. This is a lower threshold than in a criminal case. In a criminal case, the burden of proof is beyond a reasonable doubt. The higher evidentiary standard in criminal cases makes it more difficult to reach a guilty verdict.
- Opportunity for settlement prior to trial- in a civil case, there is an opportunity for settlement prior to trial. This shortens the life-cycle of a case if it does not proceed to trial. In a criminal case, unless there is ample evidence to prove the case, it is also more typical that the case will be dropped. When a case is dropped, it does not mean that the injustice did not occur.
- Your own representation- in a civil case, the lawyer you hire represents you. In a criminal case, the prosecution represents the province, not you. This means if you want an advocate to protect your interests, a civil route will more likely represent your interests. In a civil case, because you hire the lawyer, you can also choose who represents you. Kathryn and Samara will fight vigorously for your interests.
You cannot choose your lawyer in a criminal case. The Crown will assign a lawyer to you.
Prior to pursuing a case in either civil court or filing charges at a police station, it is worthwhile to think about what will make you feel whole or better again. The purpose of the civil system is to provide the plaintiff with compensatory damages. Compensatory damages are supposed to compensate the plaintiff for the harm that she experienced. Nothing will take away the harm, hurt, pain and gross injustice you experienced. Money can, at the very least, ease the discomfort you experienced and help you rebuild your life.
Regardless of whether you choose the criminal or civil route, it is worthwhile to obtain independent legal advice first so you can understand your options.
What is Gaslighting?
According to the sociologist Paige Sweet, gaslighting is defined as, “a type of psychological abuse aimed at making victims seem or feel crazy.” Gaslighting can be characterized as a form of coercive control. Gaslighting is frequently used by perpetrators to make survivors feel that the sexual abuse did not occur or was consensual. According to Sweet, gaslighting is often rooted in deep social inequalities like age, gender, and sexuality to exacerbate power differentials.[1] The effect of gaslighting is to make survivors believe that the incident was her fault, or did not occur. Abusers will often exploit social inequalities to make the survivor believe that her version of events is “crazy”, “hysterical” or “surreal.”
Survivors may be told that they are “over-reacting” or that the abuse is “all in their head.”[2]
How do you recognize Gaslighting?
The survivor may feel that they are being trivialized, their reality is distorted, or that they are being blamed for something.[3] In a 1979 study by Dobash and Dobash, abusers characterize that the perpetrator constructs the violence and exaggerates or makes it up.[4] Consequently, this phenomenon can feel very disorienting for survivors and they can question their reality or lived experience of the event.
This psychological abuse is used to exert control over the survivors’ life, self-concept and sense of reality.[5] The abuse feeds into the construct that the survivor is overly emotional and irrational. The history of labelling women as “crazy” or “irrational” or “unstable” has a long lineage within institutions such as medicine and law[6], and relies on gendered stereotypes. Gaslighting typically feeds off of social vulnerabilities and is used to entrench power imbalances and domination. This can cause a survivor to experience self-doubt.[7] Along with this self-doubt can come feelings of shame that can often prevent the survivor from seeking institutional resources or legal assistance.
What are the Psychological Effects of Gaslighting?
Feeling confused, disoriented, losing confidence in oneself, doubting oneself, isolation, losing freedom, anxiety, depression are all common symptoms of experiencing gaslighting.[8]
Have you been Gaslit?
If you have experienced gaslighting regarding an incident of sexual assault or abuse know that you are not alone. At Marshall Law, we have a compassionate, trauma-informed approach to handling civil sexual assault cases. If you would like more information about your case, please contact us.
[1] Paige Sweet. “The Sociology of Gaslighting” American Sociological Review (2019). Volume 84(5).
[2] “Gaslighting in Intimate Relationships. A Form of Coercive Control that you need to know more about.” Western Centre for Research and Education on Violence Against Women and Children < https://gbvlearningnetwork.ca/our-work/backgrounders/gaslighting_in_intimate_relationships/index.html>
[3] Ibid.
[4] Ibid.
[5] Paige Sweet, “The Sociology of Gaslighting” American Sociological Review (2019). Volume 84(5).
[6] Ibid.
[7] Paige Sweet, “How Gaslighting Manipulates Reality” October 1, 2022. Scientific American <https://www.scientificamerican.com/article/how-gaslighting-manipulates-reality/>
[8] “Gaslighting in Intimate Relationships. A Form of Coercive Control that you need to know more about.” Western Centre for Research and Education on Violence Against Women and Children < https://gbvlearningnetwork.ca/our-work/backgrounders/gaslighting_in_intimate_relationships/index.html>