How Legal Changes Are Expanding Justice for Survivors of Sexual Abuse
The legal landscape surrounding sexual abuse claims has undergone significant change in recent years, making it easier for survivors to seek justice through the civil court system. Historically, many survivors faced strict time limits—known as limitation periods—that prevented them from filing claims if too much time had passed since the abuse occurred. But as our understanding of trauma has evolved, so have the laws. Today, Alberta has removed limitation periods for civil claims related to sexual abuse, ensuring that survivors can come forward when they are ready, no matter how much time has passed.
This change is critical because the effects of sexual abuse are often long-lasting, and many survivors may not feel emotionally or psychologically prepared to take legal action for years—or even decades—after the abuse occurred. The removal of limitation periods acknowledges the unique challenges survivors face and ensures that access to justice isn’t denied simply because of the passage of time.
Another major shift in sexual abuse litigation is how courts assess damages. Traditionally, victims were awarded lower amounts compared to other types of personal injury cases. However, recent cases have shown a growing recognition of the profound impact sexual abuse has on a person’s life. Courts are now awarding higher general damages for pain and suffering, as well as loss of income and future earning capacity, recognizing that abuse can disrupt a person’s ability to work, form relationships, and lead a fulfilling life.
In addition to compensatory damages, punitive damages are being awarded more frequently in sexual abuse cases. Unlike other damages that aim to compensate the victim, punitive damages are meant to punish the offender and deter similar conduct in the future. This shift signals a stronger stance against sexual abuse, reinforcing the idea that such actions are not only morally reprehensible but warrant significant financial consequences for perpetrators.
Beyond individual cases, legal changes are also targeting institutions that enable abuse. Schools, religious organizations, sports teams, and medical institutions can now be held accountable under the principle of vicarious liability, which allows survivors to seek damages from organizations that failed to protect them. This legal doctrine recognizes that many abusers operate within positions of trust and authority, and holding institutions accountable is key to preventing future harm.
With these developments, survivors of sexual abuse now have more options and stronger legal protections than ever before. If you or someone you know has been affected, it’s important to understand your rights and explore your legal options.
At Weir Bowen LLP, we are committed to advocating for survivors and helping them navigate the civil claims process. Contact us for a confidential consultation.