Can schools be held liable for teacher sexual abuse?

In some cases, a school board may also be found vicariously liable for sexual abuse committed by a teacher (i.e. the school board would be held responsible for the misconduct and abuse committed by the teacher, even if the school board did not know of the abuse.)

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FAQs.

What constitutes teacher sexual abuse?

Teacher sexual abuse involves any form of sexual misconduct, harassment, or exploitation perpetrated by a teacher towards a student. This can include inappropriate behavior, grooming, assault, or any unwanted sexual advances.

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If I'm a member of the Crown Ward Class Action case, can I still sue for the sexual abuse I suffered while in the care of Children's Aid?

Yes, you can. Since the Crown Ward Class Action case is only against the Ontario government for its failure to pursue legal action, you are still able to sue Children's Aid for the sexual abuse that happened to you while in its care.

You might be entitled to compensation through both the class action as well as your individual lawsuit. One does not prevent the other. 

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How long do you have to press charges for sexual assault in Canada?
Unlike other crimes or cases of civil liability, there is no statute of limitations for sexual assault cases in Ontario. Even if the assault occurred decades ago, you can still pursue criminal charges or other avenues for justice.
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How long does a sexual assault investigation take in Ontario?
A sexual assault investigation can take anywhere from a few months to a few years depending on the circumstances, the number of parties involved, and what legal avenue a sexual assault survivor chooses.
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What is the process of a sexual assault case?

A sexual assault survivor has many options for how to proceed. They may:

  • Bring the case to police for a criminal investigation;
  • File a human rights complaint;
  • Lodge a complaint with a professional disciplinary body that the perpetrator belongs to;
  • Seek emergency funding from Ontario’s Victim Quick Response Program; or
  • File a civil claim.

A sexual assault lawyer at Gluckstein Personal Injury Lawyers will carefully explain each of these options and steps involved so you can make an informed decision.

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What is considered institutional sexual abuse?

If sexual abuse has been committed against someone who is owed a duty of care by a public or private institution, it can be considered institutional sexual abuse. The abuse can be committed by someone in a position of institutional leadership or another person receiving the services of the institution. Although the institution may not have committed the sexual abuse or known about it, if their negligent actions or inaction caused or contributed to the circumstances that allowed it to take place, the institution may share liability.

Some examples of institutions where cases of sexual abuse have taken place include:

  • Residential schools;
  • Foster homes and group homes;
  • Day schools;
  • Daycare;
  • Hospitals;
  • Nursing homes;
  • Religious centres;
  • Youth sport activities and clubs;
  • Seniors residences;
  • Assisted living centres;
  • Youth corrections facilities;
  • Jails and prisons.
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What is considered historical sexual assault?
Historic sexual assault or historic sexual abuse are terms to refer to actions that occurred in the distant past. In these cases there may no longer be any physical evidence of the events, but testimony from the survivor can still be persuasive to a court.
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Is sexual assault a violation of human rights?

Yes. Sexual assault is a form of sexual harassment under Ontario’s Human Rights Code.

You can lodge a complaint through the Human Rights Legal Support Centre if the sexual assault occurred in relation to:

  • Employment relationships;
  • Accommodation/housing;
  • Providing goods and services or access to facilities;
  • Creating contracts; and/or
  • Membership in professional associations or trade unions.
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Is there a time limit to report a sexual assault to the police?

There is no set time for reporting a sexual assault. The police will begin by taking a statement from you and will then start to collect evidence. If there is enough evidence, the police will lay charges. It is important for any survivor to understand that even if the police do not lay charges, it does not mean they do not believe you. Rather, there may not be enough evidence to proceed within criminal court.

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What is involved in filing a sexual assault lawsuit?
For some survivors, choosing to sue is the right choice. Beginning a lawsuit is a big decision. The process can take a few years and you will have to tell your story several times to different people. You may also need to undergo various medical or psychological assessments.

A lawsuit can be a painful process, but it can also be a positive, healing experience. You may receive compensation to help as you move on with your life. Perhaps most importantly, a survivor can regain a sense of power and control in suing the perpetrator(s).

Choosing the right lawyer to help you is an important factor to consider. A lawyer with experience in the area of civil sexual abuse can help you understand the law, and consider all the factors individual to your case.
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