<![CDATA[CANADIAN DIRTY - All Forums]]>

<![CDATA[CANADIAN DIRTY - All Forums]]> https://canadiandirty.top/ Fri, 17 Apr 2026 15:30:26 +0000 MyBB <![CDATA[Steven Gerald Heymerdinguer]]> https://canadiandirty.top/Thread-Steven-Gerald-Heymerdinguer Mon, 12 Jan 2026 07:20:41 +0000 admin]]> https://canadiandirty.top/Thread-Steven-Gerald-Heymerdinguer Steven is a scammer and claims he has changed.
Steven has a long criminal history

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Screenshot 2026-01-07 at 21-41-28 CSO -.png (Size: 52.58 KB / Downloads: 3) ]]> Steven is a scammer and claims he has changed.
Steven has a long criminal history

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Screenshot 2026-01-07 at 21-41-28 CSO -.png (Size: 52.58 KB / Downloads: 3) ]]> <![CDATA[Muslims killed 16 people in Australia]]> https://canadiandirty.top/Thread-Muslims-killed-16-people-in-Australia Tue, 16 Dec 2025 05:13:59 +0000 admin]]> https://canadiandirty.top/Thread-Muslims-killed-16-people-in-Australia
Lets banned the Muslims and send them packing

We do not need Sharia Law

Muslims are losers

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Lets banned the Muslims and send them packing

We do not need Sharia Law

Muslims are losers

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600270746_881854817857576_9083579679012965973_n.jpg (Size: 40.88 KB / Downloads: 1) ]]> <![CDATA[ISLAM IS NOT A RELIGION OR A RACE]]> https://canadiandirty.top/Thread-ISLAM-IS-NOT-A-RELIGION-OR-A-RACE Thu, 27 Nov 2025 06:43:44 +0000 admin]]> https://canadiandirty.top/Thread-ISLAM-IS-NOT-A-RELIGION-OR-A-RACE
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514248542_24165068789784812_7494995949339974879_n.jpg (Size: 59.1 KB / Downloads: 2) ]]> <![CDATA[Man Arrested in Child Sexual Abuse Material Investigation]]> https://canadiandirty.top/Thread-Man-Arrested-in-Child-Sexual-Abuse-Material-Investigation Thu, 13 Nov 2025 07:05:59 +0000 admin]]> https://canadiandirty.top/Thread-Man-Arrested-in-Child-Sexual-Abuse-Material-Investigation
The Toronto Police Service would like to make the public aware of an arrest made in a Child Exploitation investigation.
On Wednesday October 29, 2025, members of the Toronto Police Service Internet Child Exploitation Unit with the assistance of Child Rescue Coalition (CRC), executed a search warrant in the area of Danforth Road and Coxwell Avenue.
It is alleged that:

a user downloaded a quantity of child sexual abuse and exploitation material from the internet

It is further alleged that:

a quantity of child sexual abuse and exploitation material was located on devices seized after a search of the residence

Sean Mortensen 50, of Toronto, was arrested and charged with:

Possess Child Sexual Abuse and Exploitation Material
Access Child Sexual Abuse and Exploitation Material
Make Available Child Sexual Abuse and Exploitation Material

He was scheduled to appear in court virtually, on October 29, 2025, at 2 p.m.
Anyone with information is asked to contact police at 416-808-8500, Crime Stoppers anonymously at 416-222-TIPS (8477), or at www.222tips.com.
The Toronto Police Service recognizes that parents and caregivers are the frontline when it comes to protecting children on the Internet and electronic devices. We encourage you to remain vigilant in your efforts – the safety tips outlined below are recommended for children of any age.
Reporting of any online exploitation can also be made at Canada’s National Tipline for Reporting the Online Sexual Exploitation of Children at cybertip.ca.
This project has been made possible by a grant from the Ministry of the Solicitor General.
There are also resources available through the Centre for Addiction and Mental Health for those who have a sexual interest in children. The new Talking for Change program is the first of its kind in Canada and provides national and all-ages help for those concerned about their risk to use child sexual exploitation material or offend sexually against a child.]]>
The Toronto Police Service would like to make the public aware of an arrest made in a Child Exploitation investigation.
On Wednesday October 29, 2025, members of the Toronto Police Service Internet Child Exploitation Unit with the assistance of Child Rescue Coalition (CRC), executed a search warrant in the area of Danforth Road and Coxwell Avenue.
It is alleged that:

a user downloaded a quantity of child sexual abuse and exploitation material from the internet

It is further alleged that:

a quantity of child sexual abuse and exploitation material was located on devices seized after a search of the residence

Sean Mortensen 50, of Toronto, was arrested and charged with:

Possess Child Sexual Abuse and Exploitation Material
Access Child Sexual Abuse and Exploitation Material
Make Available Child Sexual Abuse and Exploitation Material

He was scheduled to appear in court virtually, on October 29, 2025, at 2 p.m.
Anyone with information is asked to contact police at 416-808-8500, Crime Stoppers anonymously at 416-222-TIPS (8477), or at www.222tips.com.
The Toronto Police Service recognizes that parents and caregivers are the frontline when it comes to protecting children on the Internet and electronic devices. We encourage you to remain vigilant in your efforts – the safety tips outlined below are recommended for children of any age.
Reporting of any online exploitation can also be made at Canada’s National Tipline for Reporting the Online Sexual Exploitation of Children at cybertip.ca.
This project has been made possible by a grant from the Ministry of the Solicitor General.
There are also resources available through the Centre for Addiction and Mental Health for those who have a sexual interest in children. The new Talking for Change program is the first of its kind in Canada and provides national and all-ages help for those concerned about their risk to use child sexual exploitation material or offend sexually against a child.]]> <![CDATA[Toronto masseur charged with sexual assault: York police]]> https://canadiandirty.top/Thread-Toronto-masseur-charged-with-sexual-assault-York-police Thu, 13 Nov 2025 06:18:22 +0000 admin]]> https://canadiandirty.top/Thread-Toronto-masseur-charged-with-sexual-assault-York-police

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A Toronto masseur has been charged with two counts of sexual assault, York Regional Police say.
In a news release Monday, police said the 49-year-old man allegedly touched the victim for a sexual purpose after a massage at his residence on Aug. 12.

The victim then attended a swim club in Markham on Sept. 1, where she allegedly met with the suspect. police say the victim was pulled towards him and touched for a sexual purpose while they spoke.

The victim contacted police on Sept. 6. Upon investigation, police said they found the man was not a registered massage therapist.
In Monday’s news release, police described a sexual assault as “any non-consensual contact of sexual nature.”

“York Regional Police would like to encourage anyone who feels they may have been a victim of a sexual assault to come forward and report the incident to police,” the release said. “There is no statute of limitations for sexual offences and offenders can be prosecuted well after the date of the offence.”

Police believe there may be additional victims. The suspect was known to the victim as “Sam.”

Anyone with information is asked to contact police.]]>

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A man who worked for a substance use recovery centre in New Westminster, B.C., has been convicted of two counts of sexual assault, and sentenced to three years in prison.
Adam Haber was charged with three counts of sexual assault in 2023 for offences that took place in 2012 and 2013. Police said the incidents involved former clients of Westminster House, a substance use recovery facility for women.
Haber was a fitness trainer and independent contractor with Last Door Recovery Society, a drug and alcohol treatment centre that's been running in the city for more than 35 years, according to a 2023 media release from the society.
The society has previously said that when it learned of the allegations against Haber, it terminated his contract within 24 hours.
Last Door and Westminster House are separately owned and operated but they raise funds together and have clients attend the same community-based support meetings.

Police said Haber met the women through his involvement as a client, sponsor and later contract employee at Last Door starting in 2010.
The New Westminster Police Department (NWPD) said it launched an investigation after allegations of sexual assaults were made "in connection with" a local recovery facility.
Police said 11 women came forward with statements for investigators, which led to the initial charges. In February, Haber was convicted of two counts of sexual assault, and last week he was sentenced to three years in prison.
He has also been added to Canada's sex offender registry for 20 years and must follow court-ordered weapons prohibitions, the NWPD said.]]> <![CDATA[Why some sexual assault survivors & advocates say the justice system is failing them]]> https://canadiandirty.top/Thread-Why-some-sexual-assault-survivors-advocates-say-the-justice-system-is-failing-them Thu, 13 Nov 2025 06:05:14 +0000 admin]]> https://canadiandirty.top/Thread-Why-some-sexual-assault-survivors-advocates-say-the-justice-system-is-failing-them She chose the latter, eventually escaped, reported the assault and waited for justice.
It never came.
"What this person did to me was wrong. It wasn't consensual," Pierre-Roscelli said. "But the Crown prosecutor called me, and she said based on the evidence that you've submitted, we don't feel it's enough for him to be charged. She said, ‘So it's over.'"
In that moment, the Winnipegger became part of a national statistic — one of almost 900,000 people who are sexually assaulted each year in Canada, most of whom don’t get justice in the courts.
WATCH | Victims, advocates say sexual assault survivors still aren't getting justice:

Survivors and advocates say it’s a long overdue review.
"Some of us commit suicide because of these assaults," said Isabel Daniels, a Winnipeg survivor, who now provides trauma counselling for victims.
"Some of us just never live life again. They're just trying to survive day to day with their mental health … when this person is still walking with the freedom and the arrogance of getting away with sexual assault.”
Jewel Pierre-Roscelli doesn’t need the report to tell her how the court system fails sexual assault survivors. She lived it.
The justice system was "made without me in mind. I'm not meant to get justice," she said.
Her ordeal began late one night in Winnipeg, in September 2023.
What more do they need?

Quote:- Jewel Pierre-Roscelli

She'd run into a professional acquaintance at a social. He wanted to party with her afterwards, but she said no. She was drunk. She just wanted to go home.
Instead, he drove to a highway outside the city limits, and then to a motel (she had no idea where), where she was sexually assaulted.
"I had to think.… Do I fight and potentially end up be hurt more than what's going to happen, or just survive?" she said. "I thought he was going to kill me and leave me somewhere."
Once she escaped, she went to the hospital and reported the assault to police.
She quickly learned that her trauma had no place in the legal system. Repeatedly she was asked, "Did you say 'No?'"
"Well, did I say yes? No, I didn't. I didn't say yes ever. So why did you ask that?" she said.
We are working with a justice system that is designed to protect perpetrators.

Quote:- Alexa Barkley

She shared everything she had with authorities to prove she did not consent, she said, including text messages she'd sent to the accused prior to the assault, spelling out that she wasn't interested, she was drunk and she just wanted to go home.
It wasn't enough.
"That's what I don't understand. So what? What more do they need?" she said.
Alexa Barkley has the same question.
"We are working with a justice system that is designed to protect perpetrators," said Barkley, a Toronto-based survivor and advocate with EVE — End Violence Everywhere. "I think we need a complete overhaul, quite frankly."
At issue, in part, is the concept of consent — what it looks like and, equally importantly, what it doesn’t look like, she said.]]> She chose the latter, eventually escaped, reported the assault and waited for justice.
It never came.
"What this person did to me was wrong. It wasn't consensual," Pierre-Roscelli said. "But the Crown prosecutor called me, and she said based on the evidence that you've submitted, we don't feel it's enough for him to be charged. She said, ‘So it's over.'"
In that moment, the Winnipegger became part of a national statistic — one of almost 900,000 people who are sexually assaulted each year in Canada, most of whom don’t get justice in the courts.
WATCH | Victims, advocates say sexual assault survivors still aren't getting justice:

Survivors and advocates say it’s a long overdue review.
"Some of us commit suicide because of these assaults," said Isabel Daniels, a Winnipeg survivor, who now provides trauma counselling for victims.
"Some of us just never live life again. They're just trying to survive day to day with their mental health … when this person is still walking with the freedom and the arrogance of getting away with sexual assault.”
Jewel Pierre-Roscelli doesn’t need the report to tell her how the court system fails sexual assault survivors. She lived it.
The justice system was "made without me in mind. I'm not meant to get justice," she said.
Her ordeal began late one night in Winnipeg, in September 2023.
What more do they need?

Quote:- Jewel Pierre-Roscelli

Quote:- Alexa Barkley

She shared everything she had with authorities to prove she did not consent, she said, including text messages she'd sent to the accused prior to the assault, spelling out that she wasn't interested, she was drunk and she just wanted to go home.
It wasn't enough.
"That's what I don't understand. So what? What more do they need?" she said.
Alexa Barkley has the same question.
"We are working with a justice system that is designed to protect perpetrators," said Barkley, a Toronto-based survivor and advocate with EVE — End Violence Everywhere. "I think we need a complete overhaul, quite frankly."
At issue, in part, is the concept of consent — what it looks like and, equally importantly, what it doesn’t look like, she said.]]> <![CDATA[Alleged assault of Kelowna youth by repeat sex offender sparks more questions]]> https://canadiandirty.top/Thread-Alleged-assault-of-Kelowna-youth-by-repeat-sex-offender-sparks-more-questions Thu, 13 Nov 2025 05:51:46 +0000 admin]]> https://canadiandirty.top/Thread-Alleged-assault-of-Kelowna-youth-by-repeat-sex-offender-sparks-more-questions ]]> ]]> <![CDATA[Sexual assault has traumatic and long lasting effects on survivors]]> https://canadiandirty.top/Thread-Sexual-assault-has-traumatic-and-long-lasting-effects-on-survivors Thu, 13 Nov 2025 05:17:24 +0000 admin]]> https://canadiandirty.top/Thread-Sexual-assault-has-traumatic-and-long-lasting-effects-on-survivors Please remember that sexual assault is never your fault. Sexual assault is the fault of the person who commits the crime.
Anyone can be a victim of sexual assault regardless of:

gender
sexual orientation
age
race
cultural background

If you report a sexual assault to the RCMP, we will treat you with kindness and respect and investigate your complaint completely. We are here to help and support you.
There's no time limit to report an assault to police. Even if you were assaulted years ago, you can still report it to police. Many survivors do not report right away, and choose to do so later in their lives.
If you choose to report the assault later, you can still bring a support person with you when you make the report.
What is sexual assault?
Sexual assault is an abuse of power and trust.
A sexual assault happens when someone touches another person, sexually, without consent. A person can also use physical force or a position of authority in a sexual assault against another person.
Sexual assault can include unwanted touching, kissing or any other unwanted sexual activity including penetration or attempted penetration of the mouth, vagina or anus.
What is consent?
Sexual consent is an agreement, freely given, to take part in a sexual activity. Both people must agree to sex, every single time, for it to be consensual.
You have the right to withdraw consent at any time during sexual activity.
Even if you've consented to start a sexual act with someone, you have the right to stop it at any time. If you consent to one kind of sexual activity it does not mean that you consent to other sexual activity.
You cannot consent if you are, or feel:

threatened
intimidated
manipulated
tricked
unconscious
asleep

You cannot consent when:

someone uses their authority or perceived authority
someone uses physical force or threats
you are intoxicated to the point that you cannot provide consent
you have an intellectual disability/mental health problem which prevents you from making an informed decision or fully understand the possible results of sexual activity

The legal age of consent in Canada is 16 years old
However, people under 16 years can have consensual sex with someone close in age:

12 to 13 year olds (two-year older age difference)
14 to 15 year olds (five-year older age difference)

Individuals under 18 years old cannot consent to sex where:

The other consenting party is in a position of trust, authority or there is a dependency on that person
There is an activity of exploitation (e.g., pornography, sex work/prostitution)

What are your choices after a sexual assault?
You can get emergency help
Call 911 or your local emergency services if:

You are in danger
You need medical attention
You would like to speak to police immediately

You can seek out support services
As a survivor of sexual assault, you can choose which services are best for you and when to engage them.
You can contact victim services in your area to receive support. Victim services can also connect you with other support groups and community resources such as:

sexual assault crisis centres
psychological services
other service providers

You can report to the police directly
If you are not in immediate danger and wish to report a sexual assault, you can contact your local police station to make a report. You may choose to make a report for information purposes only.
Reporting a sexual assault can help you seek justice and start the healing process. Survivors who report a sexual assault also contribute to police records, which can help identify repeat offenders.
You can report to the police through a third party
If you chose not to report sexual assault to the police directly, you may be able to report the crime through a third party.
Third party reporting is when someone else reports the crime to police. It allows survivors who do not want to report the crime directly to ensure police receive a report about the crime.
In different provinces, survivors may be able to report the sexual assault to police though a community based victim service program.
You can choose not to report
You can choose not to report sexual assault to the police.
You should still look into seeking medical attention and/or mental health support through local medical services or community agencies.
What will happen when you report the assault to police?
If you choose to report a sexual assault to police, you will be asked to:

provide a description of the occurrence (what happened: who, what, when, where, etc.)
provide a statement that may be audio or video recorded
- The recording can take place in the detachment, or in some cases, in a mutually agreed upon safe location
- Don't worry if you feel unable to remember every detail
clarify details through interview questions
provide the names of any suspects, witnesses, and bystanders
provide any physical evidence, such as photos of injuries and clothing
keep in touch with the investigator/detachment
- contact them if you remember more details or information that might help the investigation

You can expect the investigator to ask questions about the incident to get a better understanding of what happened or to help you remember some details.
Don't worry if you can't provide all this information at the initial interview. Often, trauma can affect our ability to recount incidents in chronological order. You can always follow up with the investigator with any details you remember after the interview.
If you want your report to be investigated, police will:

gather evidence, such as a Sexual Assault Examination Kit, statements, witness accounts, etc.
conduct interviews with you, the subject of the complaint, as well as possible witnesses

Note
In all cases, you can choose to stop participating in the investigation at any time, even if you have already provided a statement.
Tips to help police investigations
Hold on to any items you had with you as they can be evidence. But remember, you can always report a sexual assault even if you are not able to preserve evidence.
If the sexual assault was recent and if possible, avoid:

washing yourself
changing your clothes
brushing your hair

If you can, write down, record, or tell someone you trust all the details of the assault you can remember.
Note
The more information and evidence that police have to support the investigation, the greater the chance that the offender will be brought to justice.
The Sexual Assault Evidence Kit
After a sexual assault, medical professionals use a Sexual Assault Evidence Kit to collect and save biological evidence, such as:

bodily fluids
blood
hair
skin transfer from the perpetrator

This evidence is collected using swabs, blood samples, DNA samples and photographs. Once collected, it can help convict the offender when the case goes to court. Collecting these samples in a kit is most effective within one week of the assault.
The process for the kit is voluntary and requires your consent. You can stop the process at any time.
Please remember that evidence can still be collected even if you showered, brushed your hair or washed your clothes.
If you decide to proceed with a kit, they are normally done at a hospital or crisis/support centre. You can choose to:

have a kit done and ask for police involvement Footnote 1
have a kit done but request no police involvement
- many hospitals/support centres can store the kit for a period of time which will give you an option to involve police at a later date

While the evidence collected through a kit may help support elements of the crime, police can investigate even if an examination kit is not used (including if a survivor declines) or used outside the five-day timeframe.
In some hospitals, Sexual Assault Nurse Examiners (nurses who are specially trained in providing care to patients who have experienced a sexual assault) will complete the kit.
Do police always lay charges?
After an investigation, police are not always able to lay charges. This does not mean that the police do not believe you or that the sexual assault did not happen.
In some areas of the country police must bring investigations forward to Crown prosecutors to recommend charges. In other areas, police can consult with Crown prosecutors to discuss the details of cases and offences to obtain their professional opinion on recommending charges. If no charges are laid, it may mean that there is not enough evidence to prove a criminal charge in court. If this happens, the police officer can explain these decisions to you.
The statute of limitations does not apply to sexual assault offences. Unsolved sexual assault cases can always be reopened if more information is received to further the investigation, which can lead to an arrest or charges at a later date.
What can you expect during the court process?
If the investigation leads to criminal charges, police put together a case information package (disclosure package). This package is provided to the Crown Counsel's (prosecutor's) office and shared with Defence Counsel.
The Crown then presents the case in a court setting, in front of a provincial/territorial court judge.
In the courtroom
You should be aware that the courtroom is open to the public. The person who assaulted you, and court personnel such as clerks, will also be in the room. Anyone interviewed during the investigation can be called to testify in court to re-tell their story about the incident. This might include:

you
the subject of the complaint
witnesses
subject matter experts
police officers

If you feel that you need support during the court process, victim services in your area can provide this support.
Giving a Victim Impact Statement
As a victim of crime, you have a right to submit a Victim Impact Statement to the court. It is your chance to tell the court the impacts of the crime.
The statement is your description of the emotional, physical and financial harm that the crime has had on you. You are not required to complete a statement but if you do, it is presented during the sentencing hearing. Your statement will not be used in deciding guilt or innocence, but the judge may consider it when sentencing a guilty person(s).
How can you support a survivor of sexual assault?
Persons who have been sexually assaulted need the support of people who love and care about them. They may feel:

ashamed
embarrassed
frightened
confused
numb
powerless
guilty
angry/hostile
alone

It is important not to judge them. Be supportive of the choices they make during the process. It is extremely important that a survivor of sexual assault makes the decisions on what they want to do. This can help them regain a sense of control. Telling them what to do may reinforce a sense of powerlessness that comes from the assault.
Things to keep in mind

Listening is often the best way to support a victim of sexual assault
Emphasize that what happened is never their fault, it is the fault of the person who committed the crime
If you can, provide resources, such as contact information for sexual assault hotlines or rape crisis centres
Help them seek medical attention
Support them if they want to report the crime to the police or a third party

]]> Please remember that sexual assault is never your fault. Sexual assault is the fault of the person who commits the crime.
Anyone can be a victim of sexual assault regardless of:

gender
sexual orientation
age
race
cultural background

threatened
intimidated
manipulated
tricked
unconscious
asleep

You cannot consent when:

someone uses their authority or perceived authority
someone uses physical force or threats
you are intoxicated to the point that you cannot provide consent
you have an intellectual disability/mental health problem which prevents you from making an informed decision or fully understand the possible results of sexual activity

The legal age of consent in Canada is 16 years old
However, people under 16 years can have consensual sex with someone close in age:

12 to 13 year olds (two-year older age difference)
14 to 15 year olds (five-year older age difference)

Individuals under 18 years old cannot consent to sex where:

The other consenting party is in a position of trust, authority or there is a dependency on that person
There is an activity of exploitation (e.g., pornography, sex work/prostitution)

What are your choices after a sexual assault?
You can get emergency help
Call 911 or your local emergency services if:

You are in danger
You need medical attention
You would like to speak to police immediately

sexual assault crisis centres
psychological services
other service providers

provide a description of the occurrence (what happened: who, what, when, where, etc.)
provide a statement that may be audio or video recorded
- The recording can take place in the detachment, or in some cases, in a mutually agreed upon safe location
- Don't worry if you feel unable to remember every detail
clarify details through interview questions
provide the names of any suspects, witnesses, and bystanders
provide any physical evidence, such as photos of injuries and clothing
keep in touch with the investigator/detachment
- contact them if you remember more details or information that might help the investigation

gather evidence, such as a Sexual Assault Examination Kit, statements, witness accounts, etc.
conduct interviews with you, the subject of the complaint, as well as possible witnesses

washing yourself
changing your clothes
brushing your hair

bodily fluids
blood
hair
skin transfer from the perpetrator

have a kit done and ask for police involvement Footnote 1
have a kit done but request no police involvement
- many hospitals/support centres can store the kit for a period of time which will give you an option to involve police at a later date

you
the subject of the complaint
witnesses
subject matter experts
police officers

ashamed
embarrassed
frightened
confused
numb
powerless
guilty
angry/hostile
alone

Listening is often the best way to support a victim of sexual assault
Emphasize that what happened is never their fault, it is the fault of the person who committed the crime
If you can, provide resources, such as contact information for sexual assault hotlines or rape crisis centres
Help them seek medical attention
Support them if they want to report the crime to the police or a third party

]]> <![CDATA[Criminal Code (R.S.C., 1985, c. C-46)]]> https://canadiandirty.top/Thread-Criminal-Code-R-S-C-1985-c-C-46 Thu, 13 Nov 2025 05:15:25 +0000 admin]]> https://canadiandirty.top/Thread-Criminal-Code-R-S-C-1985-c-C-46 271 Everyone who commits a sexual assault is guilty of

(a) an indictable offence and is liable to imprisonment for a term of not more than 10 years or, if the complainant is under the age of 16 years, to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or
(b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months or, if the complainant is under the age of 16 years, to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months.

]]> 271 Everyone who commits a sexual assault is guilty of

(a) an indictable offence and is liable to imprisonment for a term of not more than 10 years or, if the complainant is under the age of 16 years, to imprisonment for a term of not more than 14 years and to a minimum punishment of imprisonment for a term of one year; or
(b) an offence punishable on summary conviction and is liable to imprisonment for a term of not more than 18 months or, if the complainant is under the age of 16 years, to imprisonment for a term of not more than two years less a day and to a minimum punishment of imprisonment for a term of six months.

]]> <![CDATA[Frequently Asked Questions]]> https://canadiandirty.top/Thread-Frequently-Asked-Questions Thu, 13 Nov 2025 05:12:15 +0000 admin]]> https://canadiandirty.top/Thread-Frequently-Asked-Questions
How can you be sure your statistical information is accurate?

Our statistics have been taken from various studies with credible sources. The statistics certainly reflect a general lack of understanding regarding the realities of child sexual abuse and sexual assault, even if the numbers were slightly off.

Do offenders in different Provinces receive different sentences?

Unlike in the US, Canada has a uniform criminal code with the same prescribed maximum penalties no matter what Province/Territory has jurisdiction of the crime. Judges in each Province are bound by their respective Provincial courts (and the Supreme Court of Canada) and average sentences may differ across Provinces. Keep in mind, no case is exactly the same and each case will be decided on its unique facts.

Why is sexual assault such a misunderstood crime?

For some reason our society has adopted stereotypes regarding sexual assault that are largely inconsistent with the statistical data. This is probably a result of our society repressing facts regarding sex and sexuality generally. The stigma that is unfortunately attached to sex crimes also promotes a lack of communication. One of the goals of this site is to help communicate the truth about sexual assault and child sexual abuse.

Isn't child sexual abuse sexual assault? Why deal with them differently?

Child sexual abuse is sexual assault. We separate the two largely because most viewers tend to be looking for information on one or the other. Child sexual abuse also has several unique features which make it appropriate to partition them.

Why do you encourage victims to go to court when it is so upsetting?

We encourage victims to report crimes because it helps reduce the risk of other people being assaulted. That being said, we do believe and state that reporting a crime is a personal decision to be made by the victim.]]>
How can you be sure your statistical information is accurate?

Our statistics have been taken from various studies with credible sources. The statistics certainly reflect a general lack of understanding regarding the realities of child sexual abuse and sexual assault, even if the numbers were slightly off.

Do offenders in different Provinces receive different sentences?

Unlike in the US, Canada has a uniform criminal code with the same prescribed maximum penalties no matter what Province/Territory has jurisdiction of the crime. Judges in each Province are bound by their respective Provincial courts (and the Supreme Court of Canada) and average sentences may differ across Provinces. Keep in mind, no case is exactly the same and each case will be decided on its unique facts.

Why is sexual assault such a misunderstood crime?

For some reason our society has adopted stereotypes regarding sexual assault that are largely inconsistent with the statistical data. This is probably a result of our society repressing facts regarding sex and sexuality generally. The stigma that is unfortunately attached to sex crimes also promotes a lack of communication. One of the goals of this site is to help communicate the truth about sexual assault and child sexual abuse.

Isn't child sexual abuse sexual assault? Why deal with them differently?

Child sexual abuse is sexual assault. We separate the two largely because most viewers tend to be looking for information on one or the other. Child sexual abuse also has several unique features which make it appropriate to partition them.

Why do you encourage victims to go to court when it is so upsetting?

We encourage victims to report crimes because it helps reduce the risk of other people being assaulted. That being said, we do believe and state that reporting a crime is a personal decision to be made by the victim.]]> <![CDATA[Sexual Assault Advice]]> https://canadiandirty.top/Thread-Sexual-Assault-Advice Thu, 13 Nov 2025 05:10:11 +0000 admin]]> https://canadiandirty.top/Thread-Sexual-Assault-Advice Definition, Typical Assailant, Usual Circumstances, Steps to Take, Who to Tell, Blame and Regret
Sexual assault is one of the most common and under reported crimes in Canada. It encompasses numerous definitions and can range from mild to extreme in severity. Sexual assault is committed by both men and women (though more commonly men) and people of all demographics are potential victims.

What is sexual assault?

Sexual assault is any unwanted sexual act, including any touching (or forced touching by the victim) of a sexual nature that occurs without the true consent of both parties. Consent is the critical element in distinguishing between sexual assault and merely sexual activity. In order for consent to be given the consenting individual must be:

a) of legal age (currently 14 in Canada, unless one individual is in a position of power)
b) of sound mind and capacity - they must be capable of understanding what they are consenting to
c) voluntary - one cannot be forced by threats or intimidation to consent

It is important to note that the question of whether a sexual assault meets the criminal definition of sexual assault under Canada's Criminal Code is a question of law to be determined through the court process.
Typical Assailant
Most victims of sexual assault are not assaulted by a stranger, but someone they know. This commonly includes family members, co-workers, dates, boyfriends, friends, and other individuals within close proximity to the victim. This fact contributes to the problem of underreporting sexual assault to the police as victims fear the effects pressing charges may have on their personal relationships, employment, etc.

Sexual assaults are also committed by strangers, but this is much less common. You can significantly reduce your odds of being sexual assaulted by a stranger by taking some precautionary steps as detailed here.
Where and When Sexual Assaults take place
Sexual assaults typically take place in areas of relative privacy, but can occur in public as well. Obviously there is no set rule, but it is important to be cognizant of some typical scenarios in order to actively avoid sexual assault.

Alcohol/Drugs

Any situation involving alcohol or drugs heightens the risk of sexual assault dramatically because: 1) assailants are more likely to act while inebriated, and 2) victims may lack the ability to give true consent. Sexual assault is also fairly common in areas where alcohol is consumed, such as nightclubs and bars. This is perhaps the most likely place to be sexually assault in public. In fact, mild sexual assaults occur on the dance floors of nightclubs across Canada on a nightly basis.

Abusive Relationships

Abusive and/or controlling relationships also pose a high risk factor for sexual assault. Boyfriends who are unusually controlling, jealous, or demanding may be at a higher risk to commit sexual assault. Of course, this is merely a warning sign and not typical of all scenarios.

Vulnerability

Individuals who lack the ability to defend themselves, understand, and report incidents of sexual assault are highly vulnerable because assailants perceive them as low risk targets. Individuals in this category may be very young children, the mentally challenged, individuals with brain injuries, the elderly, or individuals with a lack of conscious awareness. Such abuse is particularly difficult to stop because the victims are unaware or unable to appreciate the fact that they are being victimized.

Power Imbalance

When one individual has a significant degree of power or influence over another individual there is a heightened risk of sexual assault. Common scenarios include the workplace, educational institutions, and religious groups/institutions. The victim may feel forced to consent to sexual behaviour out of fear that they will be punished or penalized for saying no. Furthermore, assailants recognize this weakness and may choose to exploit it.

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If you suspect a loved one is being sexually abused and/or you recognized some or many of the above noted warning signs, it's time to act now.
Steps to Take
The step after an incident of sexual assault takes place is to contact a health professional (medical Doctor) to collect evidence and perform needed health tests (such as checking for STDs and other trauma/infections). You must tell the Doctor that you have been sexually assaulted in order for him or her to take the necessary actions and examinations. Do not wash, bath, or change your clothes before such medical examinations if possible as this will help preserve crucial evidence.

Even if you choose not to report the incident to the police (which we encourage you do), the medical examination is crucial part of ensuring your health is not compromised and avoiding an unwanted pregnancy.

You also ought to report the crime to the local police as soon as possible. In helping you do this, it is a good idea to take note of some important factors of the incident while they are still fresh in your mind, such as:

date/time
perpetrator(s) name/description
sequence of events
presence/names of witnesses
what clothes you were wearing
what clothes the assailant was wearing
whether consent was sought
location of sexual assault
comments made by the assailant or anyone else at the scene
comment made by yourself to the assailant
hitting or other physical contact between parties
any weapons used
any threats or promises made
presence of bodily fluids
injuries notes
any other unusual details

It may be a good idea to write down your answer to the above factors as it will help refresh your memory later on. If you give a statement to the police, you can also use this list to ensure you remember to include crucial information.

While we realize reporting the assault to the police is an incredibly difficult thing to do, we encourage you to report the crime to help prevent further victims of sexual assault by the assailant. Furthermore, reporting the incident may also provide an element of psychological closure. Many have found this, while stressful, does help with the healing process in the long run.
Who to tell
One of the toughest questions victims face is the prospect of telling friends and family about the abuse. Remember that this is your choice and that nobody should pressure you to speak about the incident if you are uncomfortable.

Many victims have been quite successful in choosing not to talk about the incident outside of police and medical professionals, while others do better openly discussing their experience. Whether to talk or not depends on your personality type and whether you personally feel that it would be helpful.

We recognize that discussion can be therapeutic for some, but we do caution people to be careful in telling those around you as you may attract attention to the incident that you really don't want.

Here, we maintain an anonymous discussion board to allow victims to discuss experiences with others who can emphasize and understand their pain. The users of our forum are largely victims themselves who have been through similar situations.
Blame and Regret
No matter what the circumstances, you must remember that you are the victim and thus not to blame in any way for what happened. There is no such thing as "asking for" or "inviting" a sexual assault. A sexual assault occurs solely because the perpetrator chose to act against your will.

We've all found ourselves in risky or dangerous situations and it's easy to say in hindsight that one to say or feel they should have "known better". Such thinking is destructive in that it places blame on the wrong party. Anyone is a potential victim of sexual assault no matter how many step they take to lower their risks.

While you may feel regret about going to a particular place, or getting involved with a particular person, you are not to blame for what happened because a sexual assault is by definition an event that you cannot control.

Regret is part of human nature. You must learn to push these feelings aside by labelling them as wrong and irrational. If you feel regret and feelings of self-blame are taking over your life, you may want to discuss these feelings with a counsellor or other professional. You are certainly not alone and many people in your position have conquered these very same thoughts and have moved on successfully with their lives.]]> Definition, Typical Assailant, Usual Circumstances, Steps to Take, Who to Tell, Blame and Regret
Sexual assault is one of the most common and under reported crimes in Canada. It encompasses numerous definitions and can range from mild to extreme in severity. Sexual assault is committed by both men and women (though more commonly men) and people of all demographics are potential victims.

What is sexual assault?

Sexual assault is any unwanted sexual act, including any touching (or forced touching by the victim) of a sexual nature that occurs without the true consent of both parties. Consent is the critical element in distinguishing between sexual assault and merely sexual activity. In order for consent to be given the consenting individual must be:

a) of legal age (currently 14 in Canada, unless one individual is in a position of power)
b) of sound mind and capacity - they must be capable of understanding what they are consenting to
c) voluntary - one cannot be forced by threats or intimidation to consent

It is important to note that the question of whether a sexual assault meets the criminal definition of sexual assault under Canada's Criminal Code is a question of law to be determined through the court process.
Typical Assailant
Most victims of sexual assault are not assaulted by a stranger, but someone they know. This commonly includes family members, co-workers, dates, boyfriends, friends, and other individuals within close proximity to the victim. This fact contributes to the problem of underreporting sexual assault to the police as victims fear the effects pressing charges may have on their personal relationships, employment, etc.

Sexual assaults are also committed by strangers, but this is much less common. You can significantly reduce your odds of being sexual assaulted by a stranger by taking some precautionary steps as detailed here.
Where and When Sexual Assaults take place
Sexual assaults typically take place in areas of relative privacy, but can occur in public as well. Obviously there is no set rule, but it is important to be cognizant of some typical scenarios in order to actively avoid sexual assault.

Alcohol/Drugs

Any situation involving alcohol or drugs heightens the risk of sexual assault dramatically because: 1) assailants are more likely to act while inebriated, and 2) victims may lack the ability to give true consent. Sexual assault is also fairly common in areas where alcohol is consumed, such as nightclubs and bars. This is perhaps the most likely place to be sexually assault in public. In fact, mild sexual assaults occur on the dance floors of nightclubs across Canada on a nightly basis.

Abusive Relationships

Abusive and/or controlling relationships also pose a high risk factor for sexual assault. Boyfriends who are unusually controlling, jealous, or demanding may be at a higher risk to commit sexual assault. Of course, this is merely a warning sign and not typical of all scenarios.

Vulnerability

Individuals who lack the ability to defend themselves, understand, and report incidents of sexual assault are highly vulnerable because assailants perceive them as low risk targets. Individuals in this category may be very young children, the mentally challenged, individuals with brain injuries, the elderly, or individuals with a lack of conscious awareness. Such abuse is particularly difficult to stop because the victims are unaware or unable to appreciate the fact that they are being victimized.

Power Imbalance

When one individual has a significant degree of power or influence over another individual there is a heightened risk of sexual assault. Common scenarios include the workplace, educational institutions, and religious groups/institutions. The victim may feel forced to consent to sexual behaviour out of fear that they will be punished or penalized for saying no. Furthermore, assailants recognize this weakness and may choose to exploit it.

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date/time
perpetrator(s) name/description
sequence of events
presence/names of witnesses
what clothes you were wearing
what clothes the assailant was wearing
whether consent was sought
location of sexual assault
comments made by the assailant or anyone else at the scene
comment made by yourself to the assailant
hitting or other physical contact between parties
any weapons used
any threats or promises made
presence of bodily fluids
injuries notes
any other unusual details

Screenshot 2025-11-12 at 21-02-20 Child Sexual Abuse in Canada.png (Size: 17.16 KB / Downloads: 1)

If you suspect a loved one is being sexually abused and/or you recognized some or many of the above noted warning signs, it's time to act now.
Steps to Take
The appropriate action to take depends on your relation to the child. If you are a third party that is aware of a child being sexually abused, you ought to report it to the local Children's Aid Society in your Province/County.

If you are the parent or guardian of a child who reports, or you suspects, is being sexually abused, it is crucial that you facilitate honest and open discussion with the child about exactly what happened. To do this effectively the child must feel comfortable in talking to you. Usually the most important thing you can do to make the child feel comfortable is to ensure the child that you believe what they are telling you (especially considering the child may have been told by their abuser that nobody would believe them). It is also crucial that you do not place blame on the child for the abuse. Remember not to place blame by asking questions that suggest fault on the part of the child, such as: "why didn't you tell me earlier?"

The next step is usually to contact a health professional (medical Doctor) to collect evidence and perform needed health tests (such as checking for STDs and other trauma/infections). Do not wash or bath the child before such medical examinations as this may destroy evidence.

Depending on the circumstances, and the Province you are in, the Doctor may also have a positive duty to report the abuse to the local Children's Aid Society for an investigation.

The Doctor may suggest the child see a mental health professional, or you as a parents, may decide it is beneficial to the child's recovery.

While we recognize that reporting sexual abuse to the police can be a traumatic experience for victims, we encourage reporting the crime to the police immediately (other children may be in significant danger). For more information on the criminal process, click here.
Emotional Effects
The emotional effects of child sexual abuse range from mild to extreme. Some people are simply better able to move on with their lives than others. It is, however, quite common for victims of child sexual abuse to suffer throughout their adult lives.

The most common emotional effects/feelings include:

Depression
Anxiety
Aggression
Intimacy problems
Persistent Fear
Deviant behaviour

Self-doubt
Shame
Substance Abuse
Flashbacks
Difficulty sleeping
Suicidal Thoughts

Depression
Anxiety
Aggression
Intimacy problems
Persistent Fear
Deviant behaviour

Self-doubt
Shame
Substance Abuse
Flashbacks
Difficulty sleeping
Suicidal Thoughts

The emotional effects of child sexual abuse commonly persist long into adulthood. The victim commonly feels trapped by mental pain which lays the groundwork for significant life problems. While effects differ among individual victims, sexual abuse tends to dramatically damage the victim's ability to earn living and sustain adult relationships.
Employment Effects
The loss of job and earning opportunities is often forgotten when discussing the impact of child sexual abuse. While not a direct effect, the indirect damage of childhood sexual abuse can significantly harm the victim's ability to earn a living as an adult.

Victims are commonly plagued by depression, lacking communication skills, frequent missed worked days for medical reasons, and an inability to forge relationships with bosses and managers. The effects of child sexual abuse can also compromise an individual's ability to gain marketable skills. Many victims drop out of school, or choose not to obtain a post secondary education, due to feeling unable to cope with the emotions of their past.

The alienation felt by victims also can lead to the development of substance abuse problems that not only directly effect one's ability to earn a living, but also can lead to criminal behaviour which itself is incredibly harmful to one's career.

The potential financial loss resulting from child sexual abuse is enormous, which has led many to file civil lawsuits against abusers to recoup some of these losses.
Adult Relationships
The feelings of shame, humiliation, guilt, and mistrust towards other people felt by child sex abuse victims negatively impact their ability to form and maintain adult relationships. These feelings are compounded by a sense of isolation routed in the fact other people, who haven't been abused, are unable to comprehend and understand the damage it causes.

Driven by a fear and a perceived lack of understanding, many victims choose not to report the abuse or tell anybody about it - even their closest life partners in adulthood. As a result marital troubles, which are rooted in the emotional damage caused by the abuse, are attributed to other factors, such as commonly matrimonial disputes.

Many times, victims are unable to develop close relationships leading to marriage or wind up losing a marriage to a painful divorce. While we cannot correct all of the emotional damage caused by sexual abuse, we can promote the understanding of the magnitude of its impact on victims. This will help combat isolation and encourage victims to seek help.

If you suspect a loved may have been sexually abused as a child, educate yourself and consider talking to a professional counsellor before confronting or asking them about it. While communication could help matters significantly, mishandling the situation could also cause an incredible amount of pain for the victim.
Criminal Charges
Assuming the assailant is still alive, it is possible to persue criminal charges against the assailant even if the assault occurred decades ago. While it remains possible to press charges, the ability to effectively prosecute such offenders may be diminished because of such things as dying witnesses and fading memories. That being said, there are numerous cases of successful prosecutions that occurred decades after abuse.

The decision to pursue criminal charges against an assailant is deeply personal and should not be forced upon the victim by anyone. To many victims, the thought of pressing charges is incredibly stressful and emotionally disturbing. Having a family member attempt to force them into pressing charges is perhaps the worst thing imaginable to them.

For more information, see our page on the criminal process. We also maintain a sentencing table which details sentences for sex offenders across Canada.]]> <![CDATA[Sue for Sexual Assault and Child Sex Abuse, Canada]]> https://canadiandirty.top/Thread-Sue-for-Sexual-Assault-and-Child-Sex-Abuse-Canada Thu, 13 Nov 2025 05:00:22 +0000 admin]]> https://canadiandirty.top/Thread-Sue-for-Sexual-Assault-and-Child-Sex-Abuse-Canada
Sexual Assault Lawsuits, Lawyers, Testifying, and Settlements.

While most Canadian victims of rape, sexual assault, and child sexual abuse know that offenders can be charged criminally, many are unaware that they may also sue assailants and their employers civilly to recover compensation for their losses.

Unlike the criminal proceeding, seeking compensation in civil lawsuit does not always lead to going to court. In fact, most cases are resolved outside of the courtroom. In some instances, they are resolved before a lawsuit is even filed.

This page is meant to inform victims about the civil legal process in Canada. Many victims may be entitled to significant compensation.
Overview of the Lawsuit Process
A sexual assault lawyer's first move is make a written demand of the assailant and/or their employer for a financial settlement. This can be done before a lawsuit is even filed. Depending on the evidence, the admissions of the assailant, the outcome of possible criminal actions, the value of the assailant's reputation, etc. it may be in the assailant's interest to settle the matter quickly and avoid the litigation process. Many churches and other institutions whose public reputation is on the line may be eager to avoid litigation if they know their case is weak. If a settlement is a reached, typically a confidentiality agreement is also signed to avoid any discussion of the matter by either side.

If no immediate settlement is reached, the Lawyer may then decide to file a Statement of Claim, which begins the legal process. Both sides will then have the opportunity to Discover (question under oath) each other. Also both sides will be obligated to release all evidence in their possession that is not subject to privilege to each other. Keep in mind this information cannot be given to third parties or used for anything but preparing for litigation. This full exchange of information allows both parties to see the totality of the case against them. At this point, many cases settle or are agreed to be dealt with through arbitration, mediation, or consultation (thus avoiding court).

If both parties feel it is in their best interest to proceed to Court, the case will be set for trial. In sexual assault matters, usually steps are taken to protect the identity of the victim. This can include preventing public access, blocking the media from reporting on the matter using the victim's name (or other names that may suggest the identity of the victims), preventing public access to the courtroom, and referring to the victim by something other than their name.

At trial both parties will likely take the stand and tell their story. Also, medical experts will likely testify to describe the victim's trauma and the effects that it would have on their well being. Sometimes, an economist or financial expert will testify to provide information to the court about income/employment losses. If there is any physical evidence, it will be presented to the court as well.

The court will then decide if the assailant is liable and determine the amount of damages (money) that are owed to the victim.

Testifying
If the case proceeds to Court, the victim will almost surely have to testify to the abuse that was suffered. There are two main elements of testifying: 1) direct examination, and 2) cross examination.

Direct Examination

The first step in testifying is called direct examination. Here, the victim's lawyer will ask open ended questions to the victim and allow the victim to tell his or her story. The goal of a successful direct examination is that the victim tells the story on their own, without help from their lawyer. Should the lawyer lead the witness into giving certain answers, it may be viewed as less persuasive by the judge.

Cross Examination

Cross examination gives the assailant's lawyer the opportunity to question the victim. Unlike in the direct examination, leading questions are allowed. Victims must be careful to listen to each question and only agree if they are 100% sure the question/proposition put to them is accurate. An example of a leading question may be: "You first met my client at your house, right?". Often times a lawyer will use previous statements (such as those taken at the discovery) to try and contradict the victim if the victim has made an inconsistent statement. So, for example, if the victim answered yes to the leading question above, the lawyer may then respond with "well in your statement on discovery you stated you met my client at church". By demonstrating an inconsistency, the assailant's lawyer is attempting to damage the credibility of the witness.

Testifying may be difficult, but it's important to the litigation process. Your goal is to be honest and tell the truth. Most lawyers will prepare clients quite well for testifying in advance so they know what to expect.
Financial Compensation/Damages
The first question many victims have is how damages are calculated. It must first be understood that the purpose of a civil judgment is to put the victim back in the place they would have been in had the wrong not been committed. Now as we all know, no amount of money can erase the pain of a sexual assault, but this is the theory that the courts work under.

The main areas that sexual assault victims seek compensation for are pain and suffering, future income loss, dimunition of earning capacity, and punitive damages. These individual heads of damages make up the overall lawsuit. This means a victim may get $150,000.00 for pain and suffering + $500,000.00 for income loss for a total of $650,000.00. You don't have to pick and choose one or the other - they operate together.
Pain and Suffering
This is a money quantification of the victim having to experience the sex assault itself, including any physical harm and subsequent emotional pain. In Canada, pain and suffering amounts are typically much lower than in most US states. In fact, the Supreme Court of Canada placed a cap on pain and suffering awards of approximately $300,000.00. This means even if you are rendered a quadriplegic in an accident, you'll receive no more than $300,000.00 for pain and suffering. Of course, pain and suffering is only one aspect of the overall lawsuit.

In sexual assault cases, pain and suffering amounts tend to range from $125,000.00 to $275,000.00. Now, no amount is guaranteed, but many courts in provinces across Canada have found awards in this range are warranted. In the case of Blackwater v. Plint, the Supreme Court of Canada upholds a ruling of compensation for pain and suffering for sexual assault victims of $125,000.00.
Future Income Losses or Dimunition of Earning Capacity
The income loss aspect of the claim is perhaps less well understood. The purpose of future income losses are to calculate how much money, if any, the victim would have earned over the course of her/his career had the assault not taken place. Generally, sexual assault effects employment in two ways:

1) education - the emotional damage of the assault causes victims to drop out of school, fail, or choose not to pursue a specific plan of education that would have allowed them to earn a higher income

2) ability to work - the emotional damage of the assault makes the victim less able to perform their duties at work or perhaps unable to work at all. They are thus missing time and/or are unable to move up the ladder of success in their profession.

Essentially, the courts will examine the individual's circumstances and attempt to make a calculation. Here are two examples:

Example #1

John was sexually assault as a child causing him to experience significant emotional trauma. As a result, he got in trouble in high school and eventually dropped out and got involved in alcohol/drug abuse. John worked sporadically throughout the years, but never established a career for himself. His average income was approximately $13,000.00/year.

Here, the court may find that had John not been abused he would have graduated high school and obtained a middle class career with an average income of $35,000.00/year. He thus lost $22,000.00 (35,000.00-13,000.00) per year as a result of the assault. Assuming he works until age 60 and started working at age 20, he is out $22,000.00 multiplied by 40 years. This totals $880,000.00.

Example #2

Jane was in dental school when she was sexually assaulted. As a result, she dropped out of school and now only makes $20,000.00. As a dentist, she could reasonably expect to make $120,000.00 per year. She is thus out $100,000.00 per year. Assuming she started working at age 28 and retired at age 60, she is out $100,000.00 multiplied by 32 years. This totals $3,200,000.00.

As you can see, the calculation may differ substantially depending on the circumstances.
Punitive Damages
Punitive damages are awarded to punish the assailant for his actions. Punitive damages are fairly rare, but not unheard of in sexual assault cases. In fact, the amount of punitive damages awarded will be proportional to the wealth of the perpetrator (or their employer in cases of vicarious liability). $10,000.00 would be punishment for most people, however it would not be for a billionaire or large company - that is why it varies.

The famous McDonald's coffee lawsuit case involved a large punitive settlement. The reason the victim received so much money was because the court felt a large company like McDonald's wouldn't be punished with a smaller sum (not because the court felt the pain and suffering from a coffee burn was worth millions).
Statute of Limitations
Each province limits the amount of time a person can wait before suing. How then do sexual assault victims sue decades after the abuse has occurred? There is an exception that when a person is unaware of their losses, the time period only starts when the person becomes reasonably aware of their losses. The courts have founds that in many sexual assault cases the trauma causes victims to be unaware of their losses for many years.

The statute of limitations may still be a problem for some depending on the facts of their case, but certainly there is room for many to avoid it.
Out of Court Settlements
While this article refers to the court process and judgments of the court, in reality most cases never reach the courtroom. The court cases are still relevant however as they dictate the playing field. Cases are settled because both sides believe they can anticipate in advance what will happen in court and how much money will be awarded.

Settling out of court can be advantageous for both sides. For one reason, it saves the victim from having to testify in court and recounting the details of the abuse. It also saves the assailant (and many times the assailant's employer) from having their name and reputation damaged by being associated with the assault. It also allows a resolution to be arrived at significantly sooner and eliminates the risk for both sides of going to court and having an unfavourable ruling.
Arbitration and Mediation
There is also a possibility that the civil suit will be handled by way of Arbitration or Mediation. Mediation means a third party neutral will attempt to work with both sides to resolve the case. Arbitration means a third party will hear both sides and decide the case similar to how a judge would. Unlike in Court, with Arbitration the parties are able to choose the terms of the hearing themselves. For example, a set monetary range may be agreed in advance for the Arbitrator to decide within.

Dealing with case through Arbitration and/or Mediation has three main advantages:

1. cost/time - the matter is resolved quicker thus significant fees are avoided
2. confidentiality - the process can be kept private along with the outcome
3. risk - parties can agree to specific terms to alleviate risk
Difference between Civil and Criminal trials
It's important to underscore that the civil proceeding (which refers to suing, demanding, or filing a lawsuit) is completely separate from any criminal proceeding. While a criminal conviction is very good evidence against the assailant, you can still sue civilly even if the assailant is found not guilty. That's because the criminal proceeding and the civil proceeding have a different standard of proof. In a criminal proceeding the standard of proof is "beyond a reasonable doubt" (some have described this as being 95% sure), in the civil cases the standard of proof is a "balance of probabilities", which essentially means more likely than not (or more than 50% sure).
Lawyers' Fees
How much will it cost to retain a lawyer? Generally, personal injury litigation is conducted on a contingency fee basis. This means the lawyer's fee is contingent upon a percentage of the final settlement or award. Normally, most contingencies are set around 1/3 of the final amount.

The advantage of a contingency fee is that the client/victim does not have to come up with thousands of dollars to pay the lawyer on an hourly basis. Moreover, if they lose the case, no legal fees are payable. Contingency fees thus allow access to justice.

Another issue is disbursements, which are the costs associated with carrying the file (medical reports, expert fees, filing fees, office fees, service fees, etc.). Usually the lawyer will cover disbursements upfront and will be reimbursed out of the final settlement. Depending on how the contingency agreement is structured, the client may be responsible for contingency fees in the event of a loss.

Medical Reports

Virtually all personal injury files will require medical reports from a Doctor describing the condition of the victim. In sex assault matters, medical reports are essential for showing the psychological trauma that the victim has suffered.
Who Pays? - Vicarious Liability
One very important factor of any case is the ability to collect on a judgment against the assailant. This means getting the money that is actually awarded to you. For example, if the court awards you $500,000.00 you need to be able to collect that money from the assailant. This order must then be enforced, meaning you can sell the assailant's assets, acquire bank accounts, garnish wages, etc. The problem for many is that the assailant does not have the assets to pay off the judgment (even after you take his house!), in such cases usually the victim is out of luck.

Many times, sexual assault lawsuits are paid out because the assailant's employer is found to be vicariously liable for the damages. For example, if a Priest sexually assaults someone, the Catholic Church may be left to pay the judgment. Also, if the assailant is a Government employee, the Government could be on the hook.

In cases where there is no vicarious liability, and the assailant is judgment proof (has no money or assets), it may not be worth the trouble of suing. This is a problem for many victims, but unfortunately you can't get blood from a stone.

Can assailant declare bankruptcy to avoid paying judgment?

Section 178 of the Bankruptcy and Insolvency Act has a specific provision addressing this issue. It reads:
178. (1) An order of discharge does not release the bankrupt from
(a.1) any award of damages by a court in civil proceedings in respect of
(i) bodily harm intentionally inflicted, or sexual assault

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Sexual Assault Lawsuits, Lawyers, Testifying, and Settlements.

While most Canadian victims of rape, sexual assault, and child sexual abuse know that offenders can be charged criminally, many are unaware that they may also sue assailants and their employers civilly to recover compensation for their losses.

Unlike the criminal proceeding, seeking compensation in civil lawsuit does not always lead to going to court. In fact, most cases are resolved outside of the courtroom. In some instances, they are resolved before a lawsuit is even filed.

This page is meant to inform victims about the civil legal process in Canada. Many victims may be entitled to significant compensation.
Overview of the Lawsuit Process
A sexual assault lawyer's first move is make a written demand of the assailant and/or their employer for a financial settlement. This can be done before a lawsuit is even filed. Depending on the evidence, the admissions of the assailant, the outcome of possible criminal actions, the value of the assailant's reputation, etc. it may be in the assailant's interest to settle the matter quickly and avoid the litigation process. Many churches and other institutions whose public reputation is on the line may be eager to avoid litigation if they know their case is weak. If a settlement is a reached, typically a confidentiality agreement is also signed to avoid any discussion of the matter by either side.

If no immediate settlement is reached, the Lawyer may then decide to file a Statement of Claim, which begins the legal process. Both sides will then have the opportunity to Discover (question under oath) each other. Also both sides will be obligated to release all evidence in their possession that is not subject to privilege to each other. Keep in mind this information cannot be given to third parties or used for anything but preparing for litigation. This full exchange of information allows both parties to see the totality of the case against them. At this point, many cases settle or are agreed to be dealt with through arbitration, mediation, or consultation (thus avoiding court).

If both parties feel it is in their best interest to proceed to Court, the case will be set for trial. In sexual assault matters, usually steps are taken to protect the identity of the victim. This can include preventing public access, blocking the media from reporting on the matter using the victim's name (or other names that may suggest the identity of the victims), preventing public access to the courtroom, and referring to the victim by something other than their name.

At trial both parties will likely take the stand and tell their story. Also, medical experts will likely testify to describe the victim's trauma and the effects that it would have on their well being. Sometimes, an economist or financial expert will testify to provide information to the court about income/employment losses. If there is any physical evidence, it will be presented to the court as well.

The court will then decide if the assailant is liable and determine the amount of damages (money) that are owed to the victim.

Testifying
If the case proceeds to Court, the victim will almost surely have to testify to the abuse that was suffered. There are two main elements of testifying: 1) direct examination, and 2) cross examination.

Direct Examination

The first step in testifying is called direct examination. Here, the victim's lawyer will ask open ended questions to the victim and allow the victim to tell his or her story. The goal of a successful direct examination is that the victim tells the story on their own, without help from their lawyer. Should the lawyer lead the witness into giving certain answers, it may be viewed as less persuasive by the judge.

Cross Examination

Cross examination gives the assailant's lawyer the opportunity to question the victim. Unlike in the direct examination, leading questions are allowed. Victims must be careful to listen to each question and only agree if they are 100% sure the question/proposition put to them is accurate. An example of a leading question may be: "You first met my client at your house, right?". Often times a lawyer will use previous statements (such as those taken at the discovery) to try and contradict the victim if the victim has made an inconsistent statement. So, for example, if the victim answered yes to the leading question above, the lawyer may then respond with "well in your statement on discovery you stated you met my client at church". By demonstrating an inconsistency, the assailant's lawyer is attempting to damage the credibility of the witness.

Testifying may be difficult, but it's important to the litigation process. Your goal is to be honest and tell the truth. Most lawyers will prepare clients quite well for testifying in advance so they know what to expect.
Financial Compensation/Damages
The first question many victims have is how damages are calculated. It must first be understood that the purpose of a civil judgment is to put the victim back in the place they would have been in had the wrong not been committed. Now as we all know, no amount of money can erase the pain of a sexual assault, but this is the theory that the courts work under.

The main areas that sexual assault victims seek compensation for are pain and suffering, future income loss, dimunition of earning capacity, and punitive damages. These individual heads of damages make up the overall lawsuit. This means a victim may get $150,000.00 for pain and suffering + $500,000.00 for income loss for a total of $650,000.00. You don't have to pick and choose one or the other - they operate together.
Pain and Suffering
This is a money quantification of the victim having to experience the sex assault itself, including any physical harm and subsequent emotional pain. In Canada, pain and suffering amounts are typically much lower than in most US states. In fact, the Supreme Court of Canada placed a cap on pain and suffering awards of approximately $300,000.00. This means even if you are rendered a quadriplegic in an accident, you'll receive no more than $300,000.00 for pain and suffering. Of course, pain and suffering is only one aspect of the overall lawsuit.

In sexual assault cases, pain and suffering amounts tend to range from $125,000.00 to $275,000.00. Now, no amount is guaranteed, but many courts in provinces across Canada have found awards in this range are warranted. In the case of Blackwater v. Plint, the Supreme Court of Canada upholds a ruling of compensation for pain and suffering for sexual assault victims of $125,000.00.
Future Income Losses or Dimunition of Earning Capacity
The income loss aspect of the claim is perhaps less well understood. The purpose of future income losses are to calculate how much money, if any, the victim would have earned over the course of her/his career had the assault not taken place. Generally, sexual assault effects employment in two ways:

1) education - the emotional damage of the assault causes victims to drop out of school, fail, or choose not to pursue a specific plan of education that would have allowed them to earn a higher income

2) ability to work - the emotional damage of the assault makes the victim less able to perform their duties at work or perhaps unable to work at all. They are thus missing time and/or are unable to move up the ladder of success in their profession.

Essentially, the courts will examine the individual's circumstances and attempt to make a calculation. Here are two examples:

Example #1

Example #2

Screenshot 2025-11-12 at 20-57-57 Sexual Assault Criminal Law Rape Shield Evidence and Sentencing in Canada.png (Size: 12.17 KB / Downloads: 1) ]]> <![CDATA[Sexual Assault Criminal Process, Canada]]> https://canadiandirty.top/Thread-Sexual-Assault-Criminal-Process-Canada Thu, 13 Nov 2025 04:58:27 +0000 admin]]> https://canadiandirty.top/Thread-Sexual-Assault-Criminal-Process-Canada Pressing charges, Consent, Rape Shield, Evidence and Sentencing
Page Index:

- Victim's Testimony
- Preliminary Inquiry
- Physical evidence
- Accused's testimony
- Implied Consent/Saying "No"
- Statements Against Interest

Other Relevant Pages:

- Priest Sexual Abuse claims
- Government Sexual Abuse claims
One of the most difficult questions facing victims is whether or not they choose to report the crime to the police. Often this is referred to as "pressing charges" against the accused. In reality, it is not the accused who presses charges, nor is it their decision. This is a decision of the Provincial Crown Prosecutor. The victim is merely a witness to the crime itself.

If charges are pressed, you may be forced to take the stand and testify under oath or affirmation. Generally, prosecutors are reluctant to force victims to testify against their will, however they do have the power to force your testimony and will do so if they feel it is in the public interest.

Definition of Sexual Assault in Canada's Criminal Code

Canada's Criminal Code has no specific "rape" provision. Instead, it defines assault and provides for a specific punishment for "sexual assault". In defining "assault", the Code includes physical contact and threats. The provision reads:
265. (1) A person commits an assault when
(a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;
(b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or
(c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.
(2) This section applies to all forms of assault, including sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm and aggravated sexual assault.
Interestingly, the definition 'appears' to include threats of sexual assault as a sexual assault itself. This suggests a person could be convicted of sexual assault without physically touching the victim if they make a threat of sexual assault (for instance, "I'm going to rape you"). One should check with their local Crown Attorney for information on how the Courts have interpreted this and whether such a Prosecution is possible.

Please note there are other specific sexual offences codified in the Criminal Code, such as sexual exploitation, invitation for sexual touching, child pornography, voyeurism, etc. An individual charged with sexual assault could be convicted of additional sexual crimes as well depending on the circumstances.

Consent

Consent is the critical issue in many sexual assault crimes. This is a question of fact and law that will be determined by the trier of fact in court. There are few set rules in terms of defining what constitutes consent and what doesn't. The code does specify some instances which do not constitute consent:

266 (3) For the purposes of this section, no consent is obtained where the complainant submits or does not resist by reason of
(a) the application of force to the complainant or to a person other than the complainant;
(b) threats or fear of the application of force to the complainant or to a person other than the complainant;
(c) fraud; or
(d) the exercise of authority.

Consent gets even more complicated when alcohol and drugs are involved in that it becomes a question of whether the victim had the capacity to consent. Again, the court will look at the totality of the evidence and decide.

Another issue is whether the accused reasonably believed that the victim consented to the sexual act. This is dealt with in the Criminal Code follows by instructing the trier of fact to consider the "reasonable grounds for the accused's belief" (see s. 266 (4)). Obviously, again we have a subjective question with very little criteria to go by.

The question of consent is thus determined by looking at the totality of the circumstances. There are no magic words or actions that automatically determine the issue of consent. In the end, it's going to be decided based on the testimony of the victim and (usually) the testimony of the accused and who is the more credible/believable witness.

Sentencing

The sentencing of the accused, if convicted, depends on the severity of circumstances and the presence and details of the accused's prior criminal history. The Crown Prosecutor decides whether to proceed summarily or by indictable. Summary conviction is a less serious route and will carry a lesser punishment than an indictable. The Code specifies the possible sentences for sexual assault as follows:
271. (1) Every one who commits a sexual assault is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or
(b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
These are the maximums for both a summary and indictable prosecution. Keep in mind an assailant can receive much less of a sentences that the prescribed maximums. See our sentencing table for information on real sentences given to assailant's based on particular prior records and circumstances.

Please note, in circumstances of aggravated sexual assault a stricter penalty is possible.

Aggravated Sexual Assault

The Criminal Code also allows for increased penalties for sexual assault where the accused "wounds, maims, disfigures or endangers the life of the complainant", see:

273. (1) Every one commits an aggravated sexual assault who, in committing a sexual assault, wounds, maims, disfigures or endangers the life of the complainant.

[size=1]Aggravated sexual assault[/size]

(2) Every person who commits an aggravated sexual assault is guilty of an indictable offence and liable

(a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and

(b) in any other case, to imprisonment for life.
Note that where a gun is used, a conviction will result in an automatic sentence of at least 4 years.

Evidence in Sexual Assault Trials

Testimony

In most sexual assault or childhood sexual abuse trials, the evidence presented largely consists of witness testimony. This generally includes the victim, the accused, and any other potential participants or witnesses. Unlike the victim, the accused has a right not to take the stand and testify under the Canadian Charter of Rights and Freedoms.

If there is physical/medical evidence (trauma, collection of bodily fluids, etc.) expert witnesses may also be called to testify in regards to this evidence.

Physical Evidence

Bodily fluids and other DNA producing evidence may be used to prove the identity of the accused. Further, physical evidence may be used to prove a sexual act took place. The purpose of physical evidence will depend upon the issue of trial. Where both the victim and the accused agree that sexual acts took place, and only dispute whether there was consent, proving that a sexual act took place is less important.

Video and Photographic Evidence

The use of this evidence is rare, but becoming more common. There have been cases built on video taken by the accused (generally on unconscious victims).

Rape Shield

At one time the sexual history of a victim could be extensively brought up and elaborated on at preliminary inquiries and trials. This was used mainly as an intimidation tactic to discourage victims from wanting to testify. It was also used to suggest that since a victim had a "promiscuous" past, or had consented to sex with the accused before, that she was more likely to have consented during the time in question.

Parliament reacted to this by changing the criminal code to forbid testimony of prior sexual activity except under very specific circumstances. This change to the criminal code is what is commonly referred to as the "rape shield" law. The actual provision of the Criminal Code reads:

276. (1) In proceedings in respect of an offence under section 151, 152, 153, 153.1, 155 or 159, subsection 160(2) or (3) or section 170, 171, 172, 173, 271, 272 or 273, evidence that the complainant has engaged in sexual activity, whether with the accused or with any other person, is not admissible to support an inference that, by reason of the sexual nature of that activity, the complainant

(a) is more likely to have consented to the sexual activity that forms the subject-matter of the charge; or

(b) is less worthy of belief

The Code also contains an exception to this rule, which is quite narrow in scope. Evidence of prior sexual behaviour -may- be allowed in if it meets three key criteria:

(a) is of specific instances of sexual activity;

(b) is relevant to an issue at trial; and

(c) has significant probative value that is not substantially outweighed by the danger of prejudice to the proper administration of justice.
Some may argue that the rape shield law does not go far enough in that no prior behaviour should ever be allowed into evidence.
Example of evidence of a prior sexual act that meets the above exception:

The Crown enters evidence of vaginal tearing to prove that forced intercourse took place. The defence is then allowed to enter evidence of prior specific sexual act that could also have caused the vaginal tearing (such as having sex the night before of the alleged rape).

Here the evidence isn't being introduced to show a propensity to consent, but rather to disprove a specific piece of physical evidence. The rape shield law does provide significant protection for victims of sexual assault. It must be remembered that before any exception to the rape shield law can be entered into evidence, the party looking for the exception must apply to and receive permission from the Judge.
* More information on the criminal offence of sexual assault can be found at Accused.ca

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Screenshot 2025-11-12 at 20-57-57 Sexual Assault Criminal Law Rape Shield Evidence and Sentencing in Canada.png (Size: 12.17 KB / Downloads: 1) ]]> Pressing charges, Consent, Rape Shield, Evidence and Sentencing
Page Index:

- Victim's Testimony
- Preliminary Inquiry
- Physical evidence
- Accused's testimony
- Implied Consent/Saying "No"
- Statements Against Interest

Other Relevant Pages:

- Priest Sexual Abuse claims
- Government Sexual Abuse claims
One of the most difficult questions facing victims is whether or not they choose to report the crime to the police. Often this is referred to as "pressing charges" against the accused. In reality, it is not the accused who presses charges, nor is it their decision. This is a decision of the Provincial Crown Prosecutor. The victim is merely a witness to the crime itself.

If charges are pressed, you may be forced to take the stand and testify under oath or affirmation. Generally, prosecutors are reluctant to force victims to testify against their will, however they do have the power to force your testimony and will do so if they feel it is in the public interest.

Definition of Sexual Assault in Canada's Criminal Code

Canada's Criminal Code has no specific "rape" provision. Instead, it defines assault and provides for a specific punishment for "sexual assault". In defining "assault", the Code includes physical contact and threats. The provision reads:
265. (1) A person commits an assault when
(a) without the consent of another person, he applies force intentionally to that other person, directly or indirectly;
(b) he attempts or threatens, by an act or a gesture, to apply force to another person, if he has, or causes that other person to believe on reasonable grounds that he has, present ability to effect his purpose; or
(c) while openly wearing or carrying a weapon or an imitation thereof, he accosts or impedes another person or begs.
(2) This section applies to all forms of assault, including sexual assault, sexual assault with a weapon, threats to a third party or causing bodily harm and aggravated sexual assault.
Interestingly, the definition 'appears' to include threats of sexual assault as a sexual assault itself. This suggests a person could be convicted of sexual assault without physically touching the victim if they make a threat of sexual assault (for instance, "I'm going to rape you"). One should check with their local Crown Attorney for information on how the Courts have interpreted this and whether such a Prosecution is possible.

Please note there are other specific sexual offences codified in the Criminal Code, such as sexual exploitation, invitation for sexual touching, child pornography, voyeurism, etc. An individual charged with sexual assault could be convicted of additional sexual crimes as well depending on the circumstances.

Consent

Consent is the critical issue in many sexual assault crimes. This is a question of fact and law that will be determined by the trier of fact in court. There are few set rules in terms of defining what constitutes consent and what doesn't. The code does specify some instances which do not constitute consent:

266 (3) For the purposes of this section, no consent is obtained where the complainant submits or does not resist by reason of
(a) the application of force to the complainant or to a person other than the complainant;
(b) threats or fear of the application of force to the complainant or to a person other than the complainant;
(c) fraud; or
(d) the exercise of authority.

Consent gets even more complicated when alcohol and drugs are involved in that it becomes a question of whether the victim had the capacity to consent. Again, the court will look at the totality of the evidence and decide.

Another issue is whether the accused reasonably believed that the victim consented to the sexual act. This is dealt with in the Criminal Code follows by instructing the trier of fact to consider the "reasonable grounds for the accused's belief" (see s. 266 (4)). Obviously, again we have a subjective question with very little criteria to go by.

The question of consent is thus determined by looking at the totality of the circumstances. There are no magic words or actions that automatically determine the issue of consent. In the end, it's going to be decided based on the testimony of the victim and (usually) the testimony of the accused and who is the more credible/believable witness.

Sentencing

The sentencing of the accused, if convicted, depends on the severity of circumstances and the presence and details of the accused's prior criminal history. The Crown Prosecutor decides whether to proceed summarily or by indictable. Summary conviction is a less serious route and will carry a lesser punishment than an indictable. The Code specifies the possible sentences for sexual assault as follows:
271. (1) Every one who commits a sexual assault is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or
(b) an offence punishable on summary conviction and liable to imprisonment for a term not exceeding eighteen months.
These are the maximums for both a summary and indictable prosecution. Keep in mind an assailant can receive much less of a sentences that the prescribed maximums. See our sentencing table for information on real sentences given to assailant's based on particular prior records and circumstances.

Please note, in circumstances of aggravated sexual assault a stricter penalty is possible.

Aggravated Sexual Assault

The Criminal Code also allows for increased penalties for sexual assault where the accused "wounds, maims, disfigures or endangers the life of the complainant", see:

273. (1) Every one commits an aggravated sexual assault who, in committing a sexual assault, wounds, maims, disfigures or endangers the life of the complainant.

[size=1]Aggravated sexual assault[/size]

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