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Pros And Cons Of Canadian Laws And Processes For Sexual Assault

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Canadian Laws and Processes for Sexual Assault Committing rape, sexual attack, and child sexual abuse are indicted illegally. This is according to Canadian laws. Victims may be oblivious that they also can file a case against assaulters and their bosses civilly to claim reimbursement for their damages. The request for payment does not always have to go to court. Most of the time, these lawsuits are determined outside of the courtroom. Some agreements are even resolved before a complaint is even requested. The Lawsuit Procedure Synopsis First, the sexual assault lawyer of the complainant will first create a printed claim for assailant and/or company of financial settlement. It should be finished before the suit is even filed. The amount will …show more content…

Mediation only means that a neutral third party will try to work with both sides to resolve the case. On the other hand, Arbitration will also have a third party will hear both sides and decide the case similar to how a judge would do so. With Arbitration, the parties are able to select the terms of the hearing themselves unlike in court. A set of monetary range may be agreed in advance for the Arbitrator to decide within. Advantages of Arbitration/Mediation in Sexual Assault Cases: 1. cost/time- the time to resolve the issue will be quicker thus significant fees are avoided 2. secrecy- the process will stay confidential along with the outcome 3. risk- both parties can agree to specific terms to reduce risk Difference between Civil and Criminal trials It is important to emphasize that civil proceeding (which refers to suing, demanding, or filing a lawsuit) is totally different from any criminal proceeding. A criminal conviction is great evidence against the assailant and you can still sue civilly if the suspect is not found guilty. Criminal proceeding and the civil proceeding have different standard of proof. In criminal proceeding, the standard of proof is "beyond a reasonable doubt" (some have described this as being 95% sure). The standard of proof in civil cases is a "balance of probabilities", which essentially means more likely than not (or more than 50%

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