When suing for sexual assault or battery you can be awarded money under the following damages:
- Loss of income (past and future)–If the injuries (physical or mental), you suffered in the assault caused you to take time off work or affected your ability to work you can recover and past and future loss of income.
- Future care/treatment costs. – counselling, therapy, etc.
- Medical bills (past and future)-surgery, medication, etc.
- General damages- Pain and suffering (physical and emotional stress), Diminished quality of life, Loss of enjoyment of life
- Aggravated damages-anxiety, depression etc.
- Punitive damages- awarded to punish the person who hurt you
Depending on the severity of the abuse will determine how much money is awarded. The following is an overview of cases describing the abuse that occurred and the financial compensation awarded. The following may be hard to read as it talks of non-consensual sex and sexual harassment.
Financial awards for cases where vaginal/anal penetration, digital penetration and/or oral sex occurred
McCabe v. The Roman Catholic Church of Toronto
An 11-year-old altar boy was sexually abused by a now deceased priest. The abuse happened in 1963 the boy was on a trip with the priest and they were staying in a motel and had to share a bed. That night the priest performed oral sex on the boy and fondled him sexually. In 2019 the man sued the catholic church and was awarded $250,000 for general and aggravated damages, $280,000 for loss of income, and $15,000 in punitive damages.
D.S v Quesenelle
A boy was sexually abused by his stepfather between the ages of 5 to 10 years old. His stepfather would make him shower with him and make the boy perform oral sex on him. Years later the man came forward about his abuse and sued his stepfather. In 2019, the man was awarded $400,000 in general damages and $1,533,416 for past and future loss of income.
Financial awards for cases where someone was subject to sexual touching such as groping of breasts, butt, or genital area or non-consensual kissing and hugging.
T(K) v. Vranich
In July of 2006, a girl was sexually molested by her employer. She worked at a bar and after hours the staff were hanging out and the bar owner was there. During that time, he trapped her outside just the two of them and pushed her up against the wall pulled her top down, and started touching her breasts and vagina. She yelled at him to stop and eventually got away
The woman reported the assault to the police and the man was found guilty of sexual assault charges. In 2011, the woman also sued the man and the bar he owned and she was awarded $125,000 for general/ aggravated damages, $25,000 in punitive damages, $75,000 for loss of earning capacity, and $26,650 for future therapy costs.
Evans v. Sproule
A woman was pulled over by a police officer during a traffic stop. She had been driving with a suspended license and the police officer ordered her to get into his car. He drove them to a dark parking lot and began trying to kiss her. He also groped her breasts and rubbed her leg. She kept asking him to take her to the police station but he wouldn’t. She eventually reached for the car radio and threatened to scream and the officer let her go. She reported that assault to the police and the police officer was charged with a criminal offence. In 2008 she sued the police officer and the Toronto police services board and received $150,000 in general damages, $40,000 for loss of learning capacity, and $12,432 in future therapy costs.
Financial awards for cases where someone was subject to sexual harassment such as inappropriate sexual comments, jokes, or advances.
Doyle v. Zochem Inc.
A woman was terminated after being sexually harassed at work. She was the only woman working in a zinc oxide production plant. The plant maintenance manager would continuously look at her breasts and make comments about them, he would talk about sex and suggest sexual positions, and would tell her she needed to go have sex. In 2017, she sued her employer for wrongful dismissal and was awarded $60,000 in moral damages, 10 months’ salary as compensation for general damages, and $20,000 for the sexual harassment she endured.
Financial awards for cases of non-consensual distribution of intimate images or videos.
Jane Doe 464533 v. D.N
An 18-year-old girl’s ex-boyfriend posted an intimate video of her on a pornography site without her knowledge or consent. She sued her ex-boyfriend in court for breach of confidence, invasion of privacy, and intentional infliction of mental suffering. She was awarded $50,000 in general damages, $25,000 for aggravated damages, and $25,000 for punitive damages.
If you have experienced sexual assault or harassment our lawyers can help you receive financial compensation for the damage you experienced and hold people accountable. Contact our lawyers at Equilibrium Law for a free initial consultation and we can advise you on your legal options.