The compassionate Nova Scotia sexual assault lawyers at Valent Legal strongly believe that survivors deserve answers and justice. We know that sexual abuse can take many forms, and we’ve seen firsthand the physical and emotional scars that survivors are forced to deal with, often for the rest of their lives. In most cases, the attacker is someone who the survivor knew and trusted. This often makes it difficult for survivors to speak up about the abuse they’ve suffered, whether due to shame, fear of retaliation, or other concerns. Other times, survivors feel that they are to blame for their assault and, not only does it deter them from seeking help, but it causes them additional trauma.
We’re here to be your voice and advocate for you during this challenging time.
The courts in Nova Scotia recognize the lasting damage that sexual assault has on a person. The law provides many avenues for you to pursue justice, should you choose to do so. While nothing can erase the past, taking legal action can hold the individual responsible accountable for their actions, and can help you get the financial compensation you need to seek treatment moving forward.
We provide sexual abuse survivors with more than just legal representation. We’re here to listen and give you the respect and support you deserve. Our Halifax sexual assault lawyers know that the decision to take action can be difficult. We’ll give you the knowledge and information to make the choice that is best for you.
Contact us to speak with a member of our team about your options, and choose what is right for you. There is no obligation to hire us. If you choose to work with our team, we will work on a contingency-fee-basis. This means that you won’t pay us anything unless, and until, we win your case.
Contact us to schedule your confidential consultation today.
Legal Help for Sexual Abuse and Sexual Assault
If you’ve been the victim of sexual abuse and sexual assault in Nova Scotia, you have a few legal options for holding the responsible party accountable and getting the justice you deserve.
- Criminal Charges – One option is to pursue criminal charges against your assailant. To do so, you must call the police and provide a statement about what happened. They will investigate your claims, and if there is enough evidence, they will arrest the individual. The Crown Attorney’s office will bring charges against the defendant and they could face punishment for their actions.
- Civil Action – Nova Scotia law allows victims of abuse and sexual assault to bring a claim in civil court against their abuser or the institution that employed them. This action is entirely separate from any criminal case against them and is designed to get you the compensation you deserve for the abuse you’ve endured.
In most cases, victims of assault and abuse will file a claim on their own, but if there are multiple victims, the survivors may choose to band together and file a class-action against the individual or institution. It is vital that you contact an experienced sexual abuse lawyer to better understand all the options available to you.
Compensation in Sexual Assault Cases
At Valent Legal, our sexual abuse lawyers know that no amount of money can undo the suffering you’ve endured. The reason why we are passionate about defending the rights of victims like you is that we’ve seen the good that can come from successful civil action. Not only can sexual assault survivors regain a measure of justice and dignity when they’ve held their abuser accountable, but the financial compensation they recover can help them rebuild their lives and begin the healing process.
In general, you could be eligible to recover compensation for losses including:
- Ongoing medical treatment costs
- Counseling and therapy
- Financial losses, including unfinished education or lost job opportunities
- Emotional and psychological distress
- And more
The law will take the following into account when determining the type and amount of compensation you could recover in a sexual assault case:
- The impact the assault has had on your ability to work and support yourself
- Treatment that you have sought or are currently seeking
- Your personal situation, particularly compared to others in your family
- Your current personal life and family life
- And more
In Nova Scotia, courts have historically recognized that the psychological and emotional impact of sexual assault can be just as damaging as physical injuries. As such, they have awarded damages to compensate survivors for mental anguish, emotional distress, and ongoing psychological trauma. In some cases, survivors may also be entitled to punitive damages, which are intended to punish the offender for particularly egregious behaviour and deter similar misconduct in the future.
We know that survivors must carry the long-term consequences of the abuse with them, and we’re here to help remove whatever burden and stress that we can from your shoulders. It’s our goal to help you get justice and compensation so that you can move on with your life and look forward to a brighter future.
Is There a Time Limit on Sexual Assault Claims?
The time limit for filing sexual abuse and assault claims in Nova Scotia has been removed entirely. This doesn’t mean, however, that you should wait to take legal action against the person who abused you.
Keep in mind that the longer you wait, the more challenging it can be to prove your claim. Vital evidence can be lost, destroyed, or altered. Witnesses may move away, pass away, or their memories may fade. The responsible party themselves might not be present to face the allegations. In addition, the emotional burden of carrying trauma can lessen once survivors have initiated the legal process, helping them gain closure and move forward.
If you’re unsure about how to take legal action, don’t worry, you’re not alone. The decision to come forward is not one to be taken lightly. Once you speak to an understanding member of the Valent Legal team, you’ll feel better knowing that you have a passionate advocate on your side.
Institutional Abuse Lawyers Halifax
If you or a loved one have experienced abuse in a school, healthcare facility, group home, or another institution in Nova Scotia, you are not alone. Institutional abuse inflicts deep physical, emotional, and psychological scars on survivors. Unfortunately, it is a distressingly common occurrence in the province.
Nova Scotia has seen a rise in reported cases of sexual and physical abuse over the last decade, with Statistics Canada data indicating that reported sexual assault incidents increased by nearly 7% from 2016 to 2020 in the Atlantic region. While official data specific to institutional abuse can be difficult to track, the prevalence of abuse in settings where people rely on caretakers and staff for support remains a significant concern in our communities.
At Valent Legal, we understand the impact institutional abuse can have on survivors. Our Halifax institutional abuse lawyers are here to help you pursue justice and fair compensation. Schedule a free case review with our team today to discuss your situation and explore your legal options.
What is Institutional Abuse?
Institutional abuse refers to any form of mistreatment or neglect that occurs in organizations responsible for providing care or support services. This can include:
- Physical abuse
- Emotional abuse
- Sexual abuse
- Financial abuse
- Neglect or exploitation of vulnerable individuals
- And more
In a lot of cases, institutional abuse happens because of systemic failures within the organization. This might look like inadequate staff training, poor oversight, or a lack of appropriate policies meant to protect individuals from harm. Because institutional abuse inherently violates the trust that survivors place in an entity meant to protect them, it can lead to psychological distress, stigma, or fear of retribution when attempting to seek help.
Examples of institutional abuse vary widely. They can range from a caretaker’s failure to properly supervise a child in a foster home to severe emotional or physical manipulation by staff in a long-term care facility. Class action lawsuits arising from institutional abuse were first approved by the Supreme Court of Canada in Rumley v British Columbia (2001). As a result, no matter how minor or severe it may seem, any form of abuse that takes place under the watch of a trusted institution may be a serious offence under Canadian law.
Where Can Institutional Abuse Take Place?
The unfortunate reality of institutional abuse is that it can occur wherever vulnerable populations rely on others for care.
Some common settings include:
- Schools and Universities: Bullying or misconduct by teachers, staff, or students can become abusive, especially when administrators take no action to resolve issues.
- Hospital and Healthcare Facilities: Physical or sexual abuse can be perpetrated by medical professionals. In addition, negligence by doctors or other medical staff can lead to improper patient care and further harm.
- Nursing Homes and Long-Term Care Facilities: At long-term care homes, elderly residents may be subject to overmedication, undue restraint, financial exploitation, emotional isolation, deliberate withholding of care, and more.
- Correctional Facilities and Detention Centres: Institutional abuse in these settings might look like mistreatment by correctional staff, inmate-on-inmate violence that is not prevented, or denial of basic rights like food or medicine.
In Nova Scotia, multiple high-profile cases of abuse in long-term care facilities and schools, such as the abuse that took place at the Waterville Youth Centre, have brought attention to the issue in recent years. This has prompted calls for stricter regulations, improved oversight, and greater accountability through the launch of class action lawsuits and other legal actions.
Steps to Take If You Suspect Institutional Abuse Has Occurred
If you believe you or someone close to you is experiencing or has experienced abuse within an institution, it’s vital to take prompt action. By doing so, you can strengthen any future claim or class action you wish to take against the offending institution.
You should:
- Document Everything: Take notes about any concerning incidents, including dates, times, names of people involved, and what happened. This can serve as important evidence during the legal process further down the road.
- Seek Medical Attention, if Necessary: If there are physical injuries, get them examined and treated immediately. Not only is this important for your health and safety, but proper documentation from healthcare professionals can be pivotal when building your case.
- Report the Abuse: Depending on the severity of the circumstances, contact the police or report the issue to regulatory agencies. For example, you may want to consider contacting licensing boards for healthcare facilities, local school boards, or Nova Scotia’s Department of Community Services.
- Contact a Lawyer: A Halifax institutional abuse lawyer can guide you through your legal options, help protect your rights, and advocate on your behalf. Your legal team will understand the implications of your situation and the best way to proceed with your case.
- Reach Out for Support: Institutional abuse can be a traumatic ordeal. Counselling, support groups, and victim services are available for emotional and practical help. You may want to consider reaching out to organizations like 211 Nova Scotia to help you connect with crisis services or community resources.
Legal Action You Can Take Against Institutional Abuse
If you or someone you know has suffered from institutional abuse in some form, you have the right to take legal action against the institution in question. This is true whether the institutional abuse is ongoing or occurred at some point in the past. With the help of an institutional abuse lawyer, you can decide on the best path for you and get started with your case. Depending on your circumstances, your lawyer may recommend:
- Filing a Criminal Complaint: If the abuse is criminal–such as physical or sexual assault–filing a police report is the first important step you can take. Law enforcement will investigate the situation, and the Crown may pursue charges against the alleged perpetrators if you are able to provide sufficient evidence.
- Civil Lawsuits: Survivors of institutional abuse also have the right to file civil claims for damages they have incurred as a result of the abuse. These lawsuits are meant to hold the institution accountable for failing to protect its residents or clients. Civil claims let you secure financial compensation by helping cover medical bills, therapy costs, and intangible losses like pain and suffering.
- Human Rights Complaints: If the abuse you suffered involved discrimination based on race, gender, disability, or other protected grounds, you may have the right to file a complaint with the Nova Scotia Human Rights Commission or the Canadian Human Rights Commission.
- Class Action Lawsuit: In cases where the same institution harms multiple individuals, a class action lawsuit may be appropriate. In a class action, many people come together to file a single lawsuit against a large institution or entity that has perpetrated the abuse. Class actions can be filed for a range of reasons, including different forms of abuse or negligence. This collective approach can help amplify survivors’ voices and bring about bigger institutional reforms.
What Compensation is Available for Institutional Abuse Survivors?
When pursuing a civil claim or class action lawsuit, survivors may be eligible for several different types of compensation. During this process, having a legal professional by your side can help you identify exactly what kind of compensation you may be eligible for, and what amount.
Also known as “damages”, the compensation you may be able to collect might include:
- General Damages: Also known as pain and suffering, general damages are meant to acknowledge the emotional distress, pain, and psychological trauma endured as a result of the abuse. During your claim, your lawyer can help calculate the value of the general damages you are owed.
- Special Damages: These are meant to compensate you for any financial losses you have suffered as a result of the institutional abuse. Special damages might include reimbursement for expenses related to medical treatment or therapy. In addition, they can cover lost wages or diminished earning capacity if the abuse resulted in the loss of your job or an inability to work.
- Punitive Damages: These are awarded in cases where the institution’s conduct is deemed particularly harmful or egregious. They are meant to punish the wrongdoer and deter any future misconduct.
- Aggravated Damages: These may be considered in cases where the abuse involved humiliating or oppressive behaviour that compounded your distress.
The value of each claim can vary based on the severity of the abuse, its duration, and the long-term impact on the survivor’s life.
How Can Our Lawyers Help With Your Institutional Abuse Case?
At Valent Legal, we recognize the courage it takes to speak out about abuse, especially when the abuser is someone you trusted to protect you. When you work with our Halifax institutional abuse lawyers, our team will strive to:
- Provide a Safe Space: We’re committed to listening to your experience with compassion. We also offer completely confidential case reviews, so you can feel safe when discussing your legal options.
- Investigate Thoroughly: From gathering medical records and witness statements to reviewing institutional policies, we leave no stone unturned when building you a strong case.
- Negotiate with Institutions and Insurers: Our lawyers are experienced negotiators. We’ll aim to reach a fair settlement that reflects the severity of the harm you’ve suffered and compensates you adequately for it.
- Represent You in Court: If your case goes to trial, we’ll advocate diligently on your behalf. Our team has years of experience presenting evidence and arguments in court that effectively underscore institutional liability.
- Pursue Meaningful Change: Beyond seeking compensation for our clients, we aim to drive reforms and policy improvements. In this way, we hope to prevent future abuse from taking place and harming more people.
No one should ever have to suffer abuse in a place that’s meant to provide them with safety and care. If you or someone you know has been affected by institutional abuse in Halifax or elsewhere in Nova Scotia, please remember that you do not have to face this alone.
At Valent Legal, our Halifax institutional abuse lawyers are here to guide you through every step of the legal process. We aim to help you understand your rights, explore your legal options, and pursue meaningful compensation on your behalf.
Contact our Experienced Halifax Sexual Assault Lawyers and Institutional Abuse Lawyers
Take the first step toward getting the justice you deserve by calling our Nova Scotia sexual abuse lawyers at Valent Legal today. The decision is yours and yours alone. When you’re ready, we’ll be prepared to provide you with compassionate and knowledgeable legal counsel to arm you with the information you’ll need to make the right choice for yourself.
If you decide to bring a civil action against the party that abused you or the institution that enabled them, we’ll be right by your side every step of the way. We are here to listen to you and be your voice at the negotiating table and in the courtroom.
Our team remains committed to ensuring a supportive and safe environment for survivors, understanding the delicate nature of these cases and the courage it takes to come forward. We have established connections with counseling professionals and support groups throughout Nova Scotia to offer survivors comprehensive care that goes beyond legal representation.
Contact us by calling us, filling out an online contact form, or chatting with us live. There is no risk in calling us, as our consultations are 100% free and completely confidential. Together, we can send a message that sexual assault will not be tolerated. Let us help you get justice.
