In Canada, on sexual assault, there is a strict law. Because of sexual abuse, one’s childhood can hamper really bad, and even they can leave with mental scars which may remain in the rest of their life. Now a day’s government of Canada put more focus on this case.
What is the statute of limitations?
Statute of limitations sets a deadline to claim the compensation who have a valid reason why they are late to pursue their compensation. So if there is any delay or the evidence is lost from the victim, then it would be difficult to claim for the defender.
Why does the statute of limitations exist?
Usually, by the statute of limitations, we understand that the law of the court forbids to punish any criminal who has committed crimes many years ago. But now the victim has complained case against the criminal, but the victim has no evidence with him. That time the court had forbidden to take any case against the criminal.
But for sexual assault, the statute of limitations is not considered in Canada. The Supreme Court of Canada gives time to the victim to have enough courage to file a case in the court. Canadian court is always there for the victim and provides the highest justice to him/her.
In Canada, Sexual assault can file in both civil and criminal court for their justice. It is tough for a victim of being sexual assault. Sometimes it may take many years to understand the link between being assault and the harm they have suffered from the incident. Sometimes they may take the therapy for getting out from this trauma. That’s why, in Canada, the statute of limitation is not considered for the victim.
While In Canada,
Recently the Canadian government ensure that the survivors from sexual assault will have more access to justice than ever. They had to face this unwilling situation for many years, even after the abusive incidents.
In previous time Canadian law followed “Limitation period”. Limitation period means it prevents justice for the survivors who were abused sexually. It is the ultimate deadline for the lawsuit which is filed in the court. Once you have touched the deadline, you will be unable to receive the compensation from the court. Yes!!! It was really tough for the victim not to get help from the court in time. And sometimes they feel hesitated to disclose this incident in front of everyone. And that’s why the Canadian government has come to a point. They also have detached this “Limitation period” for now.
Government has claimed that the survivors may be unable to put their topic and that’s why they don’t feel to come forward to file a case. Most of the time, this feeling comes from their guilt, fear or shame and in short from their psychological thinking.
Statute of limitations for Sexual Assault in Canada
Like the United States, in Canada, there is no statute of limitations. The victim could contact Canada anytime to report against the criminal even if the incident took place years ago.
If the victim has an awareness of the incidents only then the “Limitation Period” works and it is the discoverability rule. The rule was dismissed from The Ontario Court of Appeal in 1985. It happened for a daughter who was abused by her father for many years. Her father abused her from 1965, but she complained against her father in 1985. That time the court discussed about this factors, and on this basis, they had found the father was guilty and asked $50,000 for the damages.
The Supreme Court of Canada claims that if the victim is not aware of the connection of the abusive and the effect of the abuse then for him/her, the limitation period rule will begin. In previous, the limitation period was for two years to six years from the date when the victim will file the case.
Anyone can be assaulted sexually, they can be boys, or they can be girls; anyone can be the victim one. Survivors find that it would be easy for them not to disclose this incident to anyone because they feel guilty, shame.
Many survivors find out their pain after many years. That time they realize that they should get justice from the country. That’s why they might take time to case file against the at-fault person. Well!!! It is a matter of courage to break this shame-silence and start their healing.
Hiering a icbc lawyers.
Conclusion
It would be really a tough situation for a person to experience sexual abuse. In Canada, no time limit is considered or statute of limitation for these incidents. It means you can complain about a file anytime in your lifetime. The law of Canada will help you to get the highest charges from the at-fault party.
