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Understanding Sexual Abuse Claims in Civil Law: Seeking Justice Beyond the Criminal System

When people think about sexual abuse cases, they often picture criminal trials where the accused faces prison time if found guilty. While criminal proceedings are crucial for holding offenders accountable, they aren’t the only legal avenue available to survivors. In Canada, victims of sexual abuse can also pursue civil claims, which focus on securing financial compensation for the harm they’ve endured. Unlike the criminal system, which requires proof “beyond a reasonable doubt,” civil cases operate on a lower standard, requiring victims to show that it is “more likely than not” that the abuse occurred.

One of the key differences between criminal and civil cases is the goal of each process. Criminal trials aim to punish offenders and protect society, whereas civil claims are designed to compensate victims for the emotional, psychological, and financial losses they’ve suffered. This compensation can cover medical expenses, therapy costs, lost income, and pain and suffering. Importantly, even if a criminal case does not result in a conviction, a victim can still succeed in a civil lawsuit because of the lower burden of proof.

Another important aspect of civil sexual abuse claims is the evidence used to support them. While survivor testimony is often the foundation of these cases, additional evidence—such as medical records, witness statements, or expert testimony—can help strengthen a claim. Courts also recognize the profound psychological impact of sexual abuse, meaning damages can be awarded for emotional distress even if there is no physical injury.

In Alberta, recent legal changes have made it easier for survivors to seek justice. Previously, victims of sexual abuse had a limited time to file a lawsuit, often just two years after the abuse occurred. Now, there is no time limit for bringing a civil claim related to sexual abuse, meaning survivors can come forward whenever they are ready. This change acknowledges the lasting trauma of abuse and ensures that legal options remain open, even for those who may need years or decades before they feel able to take action.

For survivors considering legal action, the process can feel daunting, but trauma-informed lawyers are available to guide them through each step. Pursuing a civil claim isn’t just about financial compensation—it’s also about holding abusers accountable and helping survivors reclaim a sense of justice and control over their lives. If you or someone you know has experienced sexual abuse, know that legal options are available, and support is within reach.


If you or someone you know has experienced sexual abuse, you don’t have to navigate this alone. Our team at Weir Bowen LLP is here to listen, support and advocate for you. Contact us today for a confidential consultation.

Posted on April 21, 2025

The contents of this post are for general information only, and should not be construed as legal advice.
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The lands on which Edmonton sits and the North Saskatchewan River that runs through it have been the sites of natural abundance, ceremony and culture, travel and rest, relationship building, making, and trading for Indigenous peoples since time immemorial. Edmonton is located within Treaty 6 Territory and within the Metis homelands and Metis Nation of Alberta Region 4. We acknowledge this land as the traditional territories of many First Nations such as the Nehiyaw (Cree), Denesuline (Dene), Nakota Sioux (Stoney), Anishinaabe (Saulteaux) and Niitsitapi (Blackfoot).

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