Claims by victims of crime can be made against the criminal for damages for personal injury. There is a legislative scheme in place for compensation, but this scheme does not prevent the injured person from making a claim against the criminal directly. Often, however, the criminal has no assets with which to pay a claim, and as a general principal of insurance law, claims are not permitted against the insurance policy of a criminal for criminal acts or crimes perpetrated in the insured home. As a result, many victims of sexual assault perpetrated by family members cannot claim against the criminal’s insurance policy, if the crime took place in the home where both the criminal and the victim reside. If the claim can be framed in negligence, and the crime did not take place in the victim’s home, a claim can be made against the homeowner’s insurance policy.
In all cases in Ontario, a victim of a crime of violence may make a claim from the Criminal Injuries Compensation Board. Most provinces have a similar type of compensation scheme for victims of crimes of violence. The Board may reduce or eliminate the compensation payable in the case of claimants who have engaged in conduct that tends to cause or contribute to their injuries or with respect to claimant’s who fail or refuse to co-operate with the police investigation. Generally speaking, the awards of such Boards are relatively modest.
An Application for Compensation must be made to the Board within two years of the date of the injury or death.