KAWARTHA SEXUAL ASSAULT CENTRE
411 Water Street, Suite 102
24 HOUR CRISIS LINE
(705) 741- 0260
Toll Free 1-866-298-7778
Peterborough, Ontario K9H 3L9
Business Line (705) 748- 5901 Fax: (705) 741- 0405
Office Hours Monday to Friday 9:30 a.m. - 4:30 p.m
SEXUAL ASSAULT LEGAL KIT
Criminal Injuries Compensation Board / Civil Suit / Criminal Trial
 
CRIMINAL INJURIES COMPENSATION BOARD
PROS
CONS
The goal is to gain money - a maximum of $25,000 may be awarded for pain and suffering. Claim must be filed within one year of assault - extensions may be granted.
Legal representation is optional. Will not cover legal fees for criminal and/or civil actions.
Monies awarded for financial loss. Board assesses survivor's actions.
Compensation awarded for child born as a result of the sexual assault. Board will notify the accused about the hearing - accused can attend if s/he wants to.
 
CIVIL LAWSUIT
PROS
CONS
The goal is to gain money from the accused. Must hire a lawyer.
Do not need a criminal conviction to sue. It is only worthwhile if the accused has money or assets.
You may receive money from the accused Some deadlines apply.
 
CRIMINAL TRIAL
PROS
CONS
Do not need to hire a lawyer, the Crown argues the case for you and society. The accused has the right to hire a lawyer.
Can hire a lawyer to monitor and advise - lawyer can not take active role in court. The defence has the right to cross-examine you.
Same principles of law as other criminal trials. You might have to testify more than once.
Judge, or judge and jury decide guilt or innocence. There might be a number of adjournments before trial is set.
 
CRIMINAL INJURIES COMPENSATION BOARD
The Board's job is to decide whether or not to pay victims of violent crime for physical and emotional injuries suffered. Some of the things compensation may be awarded for are:
loss caused by injury;
loss of income and other expenses;
emergency, health and counselling expenses;
maintenance of a child born as a result of a sexual assault;
pain and suffering.
 
The crime does not have to be reported to the police for you to apply to the Criminal Injuries Compensation Board. The accused does not have to have been convicted if the case did go to trial. The deadline for applying to the Board is one year from the date of the assault. An extension can sometimes be given.
The survivor can request an application form through the Board or the police. The survivor must prove the sexual offence or sexual assault. The proof may include:
the survivor's account of what happened;
the accused's conviction (if there was one);
police documents (if reported);
medical records;
other supporting information.
  Information about economic loss and/or other costs must be provided.
  At the hearing the Board will make a decision based on what you and your lawyer, advocate or witnesses say. The Board can make a decision without a hearing based on the documents the survivor provides. If the survivor is not happy with the Board's decision s/he can apply for the Board to review the decision.
 
CIVIL LAWSUITS
Compensation can be gained by suing the accused in a civil lawsuit. A criminal conviction is not needed. The trial is held in civil court before a judge. Both the survivor and the accused must testify and be cross-examined in a lawsuit. If the judge finds the survivor was sexually assaulted, the survivor's claim will be allowed and the judge will order the accused to pay compensation to the survivor. The judge decides on the amount to be awarded.
 
CRIMINAL TRIAL
The criminal trial is explained in detail in the following section - The Criminal Court System.
 
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