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Physical & Sexual Assault Lawyer in Toronto, Ontario

Sexual assault may leave not only physical injuries to the victim but also prolonged mental trauma. It is nonetheless considered a personal injury that is punishable by law. Even allegations for physical and sexual assault are strong claims against an individual that must be proven with considerable evidence. Collecting valid and detailed evidence to plead a case against the perpetrator is a trying process that many assault survivors have difficulty navigating themselves. Sexual assault lawyers near you are prepared to take on your case and aid you in receiving your rightful compensation.

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Sexual Assault Laws in Canada

Sexual assault is tricky to define unanimously and varies from case to case. What is considered sexual assault in Canada? Sexual or physical assault is the case when an individual is violated physically without their consent to the matter and sustains injuries of a sexual nature. The court considers the area of the body that was touched, the nature of the contact, any words or gestures surrounding the behavior, including threats, and the accused’s motive or purpose, including the presence or absence of sexual enjoyment. It is crucial for survivors of physical assault to have their injuries assessed by a medical facility and receive the official records of those injuries for further investigation of the case. If there are no medical records or presently existing personal injuries which can be assessed, it will be difficult for both the survivor and a sexual assault lawyer to provide evidence of the misconduct.

The seasoned and dedicated sexual assault lawyers at Steinmetz & Associates are prepared to take on your case and assist this difficult occurrence in your life without any prior fee until your case is won.

 

How a Physical Assault Lawyer Can Help You

On an international scale, nearly two-thirds of all sexual assault cases are left without proper accountability of the perpetrator and compensation to the victim. That is due to the plethora of nuances in sexual and physical assault cases that should ideally be handled by a dedicated sex crime lawyer. The nature of the assault impacts the direction of the case. For example, did the assault occur in the workplace or at home? It may be necessary to involve testimonials from coworkers, family members, and all those involved in the case if it is larger in scale. Difficulties in physical assault cases lie in the process of holding an individual accountable for the occurrence. Since most physical assault cases take place between two or three individuals. It becomes difficult to objectively assess the case without considerable evidence or alibis to support the allegations. Essentially, there are three main components to a sexual assault claim that must be proven: the physical touching and infliction of the victim, the sexual nature of that act, and the fact that there was an absence of consent throughout. A specialized sexual assault lawyer in Toronto will thoroughly assess the case and ensure all of those points are touched upon when compiling evidence for the prosecution all with the consideration of local law and policies.

From long-term injury lawyers to car injury lawyers, Steinmetz & Associates personal injury lawyers firm is always at your side to tackle complex medical, legal, and insurance issues in Toronto.

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FAQ .

 

What is considered sexual assault in Canada?

While rape is the most common type of sexual assault that people are aware of, the term actually expands to include any unwelcome sexual conduct, including grasping, kissing, and fondling. The vital element to consider in the case of accusations for sexual assault is the absense of consent among the parties. If all the parties participate in the physical activities consensually, then the occurrence is not considered sexual assault. What constitutes as non-consensual in that case? Instances when someone says or does anything that indicates they are not willing to participate in an activity, someone is incapable of consenting to the activity, for example, because they are unconscious or the given consent is the result of someone abusing a position of trust, power, or authority are all considered non-consensual and the abuser can be held liable.

What do I do if I am sexually harassed on the job?

Steps that can be taken by the victim of sexual assault in the workplace include confronting the abuser regarding their behaviour, speaking to the employer or human resources specialist, and, if all else fails, filing a claim for sexual assault with the guidance of a personal injury lawyer. Sexual assault cases are difficult to navigate without evidence since in the court of law, you must prove that the events occurred without mutual consent. For that reason, if you have any physical assault markings that are visible, ensure they are looked at by a medical specialist and recorded for future use in your case.

Can sexual comments on the job be a form of sex abuse?

Sexual harassment in the workplace is defined as any sexually motivated behaviour, speech, gesture, or contact that is likely to offend or humiliate any employee; or that may be interpreted by that employee on reasonable grounds as imposing a sexual condition on employment or any chance for training or advancement.

Can survivors of sexual assault file a lawsuit for damages?

Victims of sexual assault or sexual abuse may be able to file a personal injury claim in civil court against the offender. A civil lawsuit is the only method for a sexual assault victim to get monetary compensation (referred to as “damages”) for the harm they have endured. Damages in a sexual assault lawsuit derive from the physical and mental pain the victim has suffered and will continue to suffer as a result of the abuse regardless of the legal theory under which the civil case progresses. This includes compensation for “pain and suffering” as well as emotional distress.

What should I do if my child is attacked or sexually abused by a teacher?

Unfortunately, schools and educational institutions aren’t an exception when it comes to sexual abuse incidents. Teachers hold a position of influence over their students, which creates an environment ideal for sexual abuse. As a result, students are compelled to comply with a teacher’s expectations for fear of punishment. Younger kids may also be concerned about getting in trouble if they do not comply with their teacher’s demands. If you speculate your underage child is facing sexual abuse at school, it is important to ensure they are safe and then taking measures to handle the case. That includes, but is not limited to, contacting the school, contacting child support services, consulting with a personal injury lawyer.

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