What to do if you are sued for Sexual Assault?

In the case of AO v. WT, the firm defended a retired teacher against a multi-million-dollar claim related to an alleged incident from the 1980s. The complainant claimed she had a sexual relationship with her teacher at the time. Despite the encounter possibly being “consensual,” there were specific rules prohibiting such relationships between consenting adults.

Additionally, the firm has discreetly resolved civil cases involving sexual misconduct between employees in positions of authority within large organizations, identified in File No. 35*****2. These allegations, sometimes decades old, are often brought against high-ranking executives by victims seeking financial compensation. When confronted with demands for significant settlements, a common tactic is to leverage the potential publicity of a statement of claim. The firm successfully avoided public litigation and resolved the matter privately between the parties.

Not all civil sexual assault cases are pursued in civil court; some are brought before the Human Rights Tribunal. There are strategic reasons for this, primarily the lower cost consequences for complainants. These proceedings can also be expedited but often have lower caps on damages. In 2019, in the case of NM v. TS, the firm defended a prominent business owner in Northern Ontario accused of having a sexual relationship with a subordinate employee. While the relationship was legally inappropriate, the firm used forensic evidence to establish that it was consensual and not a case of sexual abuse. Over several years, the complainant changed legal representation three times. Ultimately, the firm resolved the matter without any findings of fact, misconduct, or financial penalties.

The firm strategically settled a civil sexual assault claim involving an accused who had previously pled guilty, with representation from another law firm, to sexual interference for allegedly touching a niece a decade earlier. The accused had accepted a plea deal without being informed by his lawyer that he could face subsequent civil litigation. Following the guilty plea, the plaintiff’s lawyer promptly filed a civil claim using the court transcripts. This situation posed a significant challenge for our firm, as there was already substantial evidence of sexual abuse, putting us at a tactical disadvantage.

However, the team of three lawyers assigned to the case managed to secure a very favourable resolution, despite these challenges. They utilized procedural delays and uncovered interference by the complainant’s father, which was effectively used in the defence strategy. Ultimately, both the client and the complainant were satisfied with the resolution of the matter, which was handled under File No. 24****1.

What Are the Initial Steps When Sued for Sexual Assault?

Filing a lawsuit for sexual assault can be a difficult and overwhelming affair that demands a thorough understanding of the legal procedure and the duties of the various parties.

If you are sued for sexual assault, the first step is to speak with an experienced lawyer as soon as possible, whether the case is civil or criminal. Understanding the charges and gathering relevant documents is a critical component in responding to sexual assault allegations.
The process begins with pleadings, in which the plaintiff files a Statement of Claim outlining the allegations and remedy sought, and the defendant answers with a Statement of Defence presenting defences to the claims.

An Affidavit of Documents is then prepared. It sets out all documents relevant to the lawsuit. This step enables both parties to see and assess the evidence in its entirety. Discoveries follow, where both parties exchange information to clarify issues and gather evidence, including examinations for discovery and the production of documents.

For instance, during the accused teacher’s examination for discovery, the plaintiff’s lawyer might ask detailed questions about her interactions with the complainant to determine her credibility and any inconsistencies in his/her story.

A neutral third party, also referred to as a mediator, might be used to help the parties reach a settlement without having to go to trial. Given that it is less formal and confidential, this can be quite beneficial. The parties might have a meeting before a judge with the purpose of discussing the case, urging settlement without a trial, and clarifying the legal issues for trial.

If the case proceeds to trial, both parties present their evidence and arguments before a judge. In a civil lawsuit for sexual assault, the plaintiff must prove the allegations on a balance of probabilities, whereas in a criminal trial, the prosecution must prove guilt beyond a reasonable doubt.

It is a common misconception that civil lawyers and criminal lawyers play the same roles. This is false. Civil lawyers might focus more on the evidence and cross-examinations of opposing parties to prove or refute the allegations on a balance of probabilities. On the other hand, criminal lawyers aim to poke holes in the Crown’s arguments, as a way to make sure that the prosecution meets the higher burden of proof of “beyond a reasonable doubt”.

When faced with a lawsuit for sexual assault, this matter requires immediate and skilled legal representation. Understanding the procedures from pleadings to trial can significantly impact the outcome of your case. Contacting experienced legal counsel, such as the team at Donich Law, who specialize in defending healthcare professionals and others under regulatory investigation, can provide the guidance necessary to guide you through this challenging and confusing time in your life.

What Are Pleadings?

Pleadings are the legal documents filed with the court to initiate and respond to a lawsuit; they serve an important role in outlining each party’s arguments and laying the foundation for the case. The fundamental pleadings are the Statement of Claim and Statement of Defence. The plaintiff’s Statement of Claim details the claims against the defendant and the relief sought. The “relief sought” is another way of saying the complainant’s proposed solution to the incident.

On the other hand, the Statement of Defence refers to the defendant’s formal response. The role of the Statement of Defence is primarily to address the allegations and present any defenses.

For example, the Statement of Claim might outline specific incidents of alleged sexual misconduct and seek damages for emotional distress. The Statement of Defence, on the other hand, might refute these allegations by providing evidence of consent or disputing the occurrence of the events. These documents are essential as they set the stage for the legal proceedings, allowing both parties to understand the claims and defenses involved, and they guide the discovery process by identifying the key issues in dispute. Effective pleadings help ensure that the case is conducted efficiently and fairly, thereby providing a clear framework for the Court to adjudicate the matter.

What Is an Affidavit of Documents and How Is It Used?

An Affidavit of Documents is a sworn statement that lists all relevant documents in your possession, control, or power that are related to the lawsuit. This includes documents that support your case, documents that detriment your case, and any other relevant documents

For example, the respondent of the sexual assault suit might need to disclose text messages, emails, or any records of communication with the plaintiff. The plaintiff, in turn, would disclose their evidence supporting the allegations. By doing so, both parties can fully understand the strengths and weaknesses of their cases.

The Affidavit of Documents is a way to make sure that no relevant evidence is withheld and that the litigation process proceeds based on a complete and candid exchange of information. This document is an essential element in the discovery phase, aiding in clarifying the facts and narrowing the legal issues to be addressed at trial, ultimately contributing to a transparent legal process.