You have been the victim of a crime and the accused has been convicted criminally? You now wish to sue him in plain clothes to obtain compensation for the damage you have suffered, whether physical, psychological, material or pecuniary?
The difference between a criminal trial and a civil trial
It is important to distinguish between a criminal trial (which will be handled by a criminal lawyer) and a civil action for damages. These are two different systems with different burdens of proof and limitation periods.
First, in a criminal trial, the victim is not a party to the trial, although she may be called to testify by the prosecutor. In criminal matters, the prosecutor (represented by a Crown prosecutor) represents the Queen and not the victim, who is prosecuting the accused, for a crime he or she committed under the Criminal Code (assault, sexual assault, etc.).
In a civil trial, the victim is one of the parties to the lawsuit, the plaintiff; it is she who applies directly to the court for compensation for the damage she has suffered.
At the end of a criminal trial, if the accused is convicted, he will get a sentence, whether it be community service, a fine, or incarceration. The Court may order compensation to the victim in certain exceptional cases, but will often be reluctant to intervene because it is not a civil lawsuit.
Be aware that a person can be both criminally charged and prosecuted civilly for the same act they committed.
Remember that if you have been assaulted by your abuser and the perpetrator has undergone a criminal trial, you can also sue them at the civil level if you have suffered bodily, moral or financial harm.
Contact form
Please send us a message using the contact form below.
We will get back to you as soon as possible.
Limitation periods in civil matters
With regard to bodily injury, the law provides for a period of 10 years from the date on which the victim becomes aware that his or her injury is due to the criminal act. For cases of sexual assault, there is no longer a statute of limitations.
It is important to stress that this period cannot run until the three criteria of civil liability are met (fault, damage and causal link).
Thus, in a sexual assault case, our firm was able to revive the rights of a victim nearly 25 years after the events by demonstrating that the latter was not aware that all of her difficulties were related to the assaults she suffered in her youth.
Contact us to preserve your rights and see the possibility of obtaining financial compensation for the damage you have suffered.
In the majority of our files, we accept a percentage agreement, that is, an agreement based on the amount that will be collected from the opposing party.