Sexual abuse victims do not always understand that obtain legal help against their abuser. It is understandable to expect certain penalties, and this often means pressing charges and facing the individual in criminal court. What many harmed individuals do not understand is that there is another option, and that is filing a lawsuit in civil court.
If you have been sexually abused, it is important to speak to an Oshawa sexual abuse lawyer. Compassionate injury lawyers will be able to represent you in court, and increase your chances for a successful outcome.
Our sexual abuse lawyers can meet with you in Oshawa for a free initial consultation. Call (416) 364-2000
Civil Court Process
Getting a guilty verdict in criminal court can be difficult. This is because, in criminal court, the plaintiff and their sexual abuse lawyer in Oshawa must be able to prove beyond a reasonable doubt that the abuser did what they are claiming.
In civil court, the plaintiff must also be able to prove that the defendant did it, but the requirements are far looser in civil court. Here, the plaintiff must only be able to show that the abuser most likely abused them. In legal terms, this is called a balance of probabilities and does not require that individuals go to the lengths that beyond a reasonable doubt requires.
In criminal court, those that are accused are given the choice as to whether or not they want to take the stand and provide testimony on their own behalf. They and their legal team will discuss the matter and see what situation will work best in their favor.
The same is not true in civil court. When a civil lawsuit is filed, those that are accused must answer for themselves and defend the claim. If they do not, a default judgment will be handed down and they will be forced to pay what the plaintiff is asking.
Oshawa Sexual Abuse Lawyer Near Me (416) 364-2000
Many people do not wish to pursue a civil lawsuit of sexual abuse in Oshawa because it will mean the abuser will not have to be registered as a sex offender. This is true, but it is also important for plaintiffs to remember this does not mean that no one will ever know what the defendant did.
Civil lawsuits and their outcomes are part of public record and so, they can always be published on any website, blog, or anywhere else.
Settling Out of Court
Unlike criminal cases, which can drag on and on for months or in some cases, even years, civil lawsuits can still take a lot of time, if not more. In most cases, an Oshawa sexual abuse lawyer can help expedite the process. This is especially true in sexual abuse cases when the defendant does not want their reputation tarnished by a long court case.
It is also important for people to remember that they do not need to choose between a civil lawsuit and a criminal case. They can choose to file a civil claim after criminal charges have been laid or proceed with one and not the other.
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Contacting an Oshawa Sexual Abuse Lawyer
If you or a loved one has been the victim of unwanted sexual advances, it is of the utmost importance that you contact an Oshawa sexual abuse lawyer that can help you file a civil lawsuit. In many regards, they can bring more positive results than a criminal case can.