Coming forward with your experience of sexual abuse, harassment or assault is a brave and difficult decision. This might even be the first time you’ve considered talking about what happened and wondering what your legal rights are.
When we read or hear about cases of sexual harassment or assault in the news, the focus is usually on criminal charges, the kind where outcomes are decided by a judge and jury and the accused might be convicted or jailed. The unfortunate truth is, with the criminal system, the well-being of trauma survivors – the “victims” – is not a top priority. During a criminal trial, a survivor can be called on to publicly testify about their experiences, which can be re-traumatizing and involve invasive questioning in front of an audience. As a result, survivors are often left feeling powerless.
If you’re seeking justice, even after a criminal case is over, you could pursue a civil case. In civil court, it’s about finding different solutions that hold the abuser (and potentially others) responsible for their actions. Part of that process, and contrary to the criminal system, will be to choose a lawyer you feel comfortable with and that you trust. This is important, since you’ll need to talk about your experiences and share details with them that could make you feel uncomfortable or triggered.
It is the role of a lawyer to help make this choice as easy, safe and comfortable for you as possible. If you’re thinking about reaching out for advice, there are a few things you may want to consider beforehand:
You are in charge
Your lawyer should acknowledge that you lead the way and that it’s up to you if and when you want to move forward with a case. A good lawyer will explain each step of the civil litigation process and ensure you understand their advice before making any decisions. You deserve to feel empowered when you share your story, which includes deciding with who you meet with at the firm and understanding why certain questions are asked.
The right advocate for you
Part of this initial contact will involve a conflict check. This means the law firm searches for any possible conflicts within their client roster, based on the names you’ve provided. Though a very rare occurrence, if a conflict is discovered, you will be referred to other trusted legal teams who can represent you, to ensure you’re fully supported if you choose to move forward.
Look for support
You’ve been through an extremely difficult and traumatic time, and you may need a wider support system to help find ways to cope with these experiences. Your lawyer not only helps with your legal questions but can also point you to referrals for therapists or counsellors and local support groups.
It’s your interview, too
When you first speak with a lawyer about a potential case, it’s an introductory interview of sorts. This is your opportunity to ask about their background with cases like yours and to get a feel for how comfortable you are sharing your experiences with them. Think about the kind of lawyer you’d like to work with: do you want someone who is business-like and more formal, or someone with a warmer approach when talking with you? This first meeting is the perfect chance for you to understand what you’re looking for in a lawyer.
Your experience, your words
You’ll want to have a brief outline of your experiences, either in mind or maybe written or typed out, and prepared to share with a lawyer. The aim here is to start getting you comfortable with telling your story, especially if this is the one of the first times you’re talking about what you’ve been through. Having this outline will also help both you and your potential legal team better understand your case and plan for the future. You don’t need to include explicit details and there is no obligation for you to share anything you do not want to, but, at minimum, you will need to provide your full name and the name of the person(s) who hurt you, so that both parties involved are clearly identified.
Going through a legal case of any kind is not easy, but your lawyer should help prepare you for the process and provide you with support at every turn. You need to feel confident in your choice of who you work with, knowing they will find a balance between being your legal service provider and someone you’ve entrusted with your story.