Are You a Survivor of Childhood Sexual Abuse by a Scout Leader?

If you are a sexual abuse survivor in Nova Scotia, or if you were sexually victimized by a Scout Leader anywhere in Canada as a child, a Halifax Boy Scout sexual abuse lawyer can help you get the accountability and justice you deserve. There are two ways that the justice system can help survivors of childhood sexual abuse: by providing compensation through the civil courts or by punishing the abuser in the criminal.

Authority Figures Use Trust and Power to Commit Child Sexual Abuse

Many child sexual abusers tend to gravitate to positions of trust and authority that also provide them with unsupervised access to children. For example, we have seen many cases where the sexual abuser was a teacher or coach, a priest or other member of the clergy, a police officer, a friend of the family, a relative, a neighbor, or, in many cases, a scout leader.

Boy Scouts Canada is one of Canada’s largest youth organizations, offering a variety of programs and activities for children and young people. The organization has been in Canada for more than 100 years. According to Scouts Canada, more than 17 million children have participated in the organization over the last century. Currently, with more than 30,000 young people participating in Scouts across the country, there are plenty of opportunities for abuse to happen.

What are the legal rights of victims in Scouts Canada sexual abuse cases in Nova Scotia and the rest of Canada?

How Are Sexual Abuse and “Institutional” Sexual Abuse Defined?

Sexual abuse is sexual activity that is unwanted and imposed on someone without that individual’s consent. Sexual abuse victims frequently know their abusers, who may use threats, coercion, violence, and physical force to abuse their victims and keep them silent.

When abuse is institutional, it means someone has used a position of authority to abuse someone in the institution’s care, and the institution’s leadership may be partially at fault and liable for damages suffered by the abuse victim.

What Are the Facts About Scouts Canada and Childhood Sexual Abuse?

In 2011, the Canadian Broadcasting Corporation found 340 incidents of sexual abuse allegedly committed by active scout leaders. The CBC also found that Scouts Canada asked several victims of childhood sexual abuse to sign out-of-court confidentiality agreements.

These agreements prevented the victims from revealing how much had been paid to them, and in one case, from making any public statements about the abuse. Out of 24 sexual abuse lawsuits filed against Scouts Canada since 1995, confidentiality agreements were signed by 13 victims.

Subsequently, in 2011, Scouts Canada formally apologized to the scouts who had been sexually abused by scout leaders, and in 2012, Scouts Canada admitted that in the past, not all allegations of sexual abuse by scout leaders had been reported to the police.

What Are the Rights of Childhood Sexual Abuse Victims?

The most important fact that survivors of scout sexual abuse need to know is that currently there is no time limit (statute of limitations) to bring a civil compensation claim for Boy Scout Sexual Abuse anywhere in Canada!

For example, in 2015, Nova Scotia eliminated the statute of limitations for bringing sexual abuse claims. Whenever they are prepared to come forward, childhood sexual abuse victims may pursue compensation with a civil sexual abuse lawsuit.

The relationship between sexual abuse and mental health is unique for every sexual abuse survivor. Not every survivor suffers long-term emotional distress, but the connection between mental health and sexual abuse is significant. You have the right to counseling and healing.

If you have survived childhood sexual abuse and you have not sought counseling, it is important to find a counselor you trust and begin the healing process. Childhood sexual abuse survivors also have these legal options: seeking a criminal prosecution and filing a sexual abuse lawsuit.

Should You Bring a Lawsuit Against Your Abuser and Boy Scouts Canada or Pursue a Criminal Prosecution of Your Abuser?

One of the challenges in filing criminal charges against a scout leader for sexual abuse is that In many cases,the abuse happened decades ago. The abuser may have moved away and his location may be unknown or he may have passed away. If the perpetrator cannot be found or has died, the police cannot lay criminal charges.

If you report sexual abuse to the police, they will investigate, and if there is evidence of abuse, the alleged abuser will be arrested and charged.

However, to win a conviction, the crown prosecutor has to prove the defendant’s guilt beyond a reasonable doubt. Of course, as the years go by, it becomes more difficult to prove that childhood sexual abuse took place. When the abuse happened years ago, a criminal prosecution is less likely to succeed than a lawsuit, and a crown prosecutor may not have enough evidence to file a criminal charge.

The burden of proof in civil compensation claims is lower than in criminal prosecutions. The burden of proof in compensation claims is proof on the balance of probabilities. In other words, the abuse survivor your Nova Scotia sexual abuse lawyer only needs to prove that it is more likely than not that the abuse happened and caused harm.

How Do Lawyers Help Childhood Sexual Abuse Victims?

Before you take any other measures, discuss your case with an experienced sexual abuse lawyer who will review your claim, answer your questions, and provide personalized advice about the most effective way to proceed with your case.

A Halifax sexual abuse lawyer will explain your legal options. Criminal sexual abuse convictions do not provide victims with compensation, but a criminal conviction for sexual abuse is powerful evidence in a civil proceeding, strengthening your claim and making its success more likely.

If you proceed with a civil claim, your lawyer is only paid if and when your claim prevails. At that time, you may recover compensation for your treatment and counseling costs, your personal suffering and pain, and your related damages.

What Else Should You Know?

If you are an abuse survivor, it costs nothing to learn more by having a Nova Scotia sexual abuse lawyer examine your case. With the elimination of the statute of limitations for childhood sexual abuse claims, you do not have to come forward until you are ready.

Nevertheless, if you were sexually abused by a Scouts Canada leader or by any other adult when you were a child, take your case to an abuse lawyer as soon as you are able to do so. You and your lawyer need to start compiling evidence and locating witnesses before more time passes.

Experienced Representation for Sexual Abuse Survivors

There is no need to look further for a Scout abuse lawyer who has the knowledge and experience your childhood sexual abuse case requires. Halifax lawyer John McKiggan is the author of Breaking the Silence, a legal education guide for childhood sexual abuse survivors and has received national recognition for his work representing survivors of historical sexual abuse survivors.

Our award-winning legal team provides the survivors of sexual abuse with a free case evaluation, and there is no obligation. Schedule that evaluation by calling McKiggan Hebert Lawyers in Halifax at 902-706-2298. When you’re ready to come forward, we are ready to represent you.