When we think about the aftermath of sexual assault, much of the focus is understandably on the victim’s physical and emotional well-being. However, there is also an important legal and financial issue that many people may not realize: the financial responsibilities that arise when the assault results in the birth of a child.
Under Quebec’s Civil Code, there are specific provisions aimed at ensuring financial support for a child born as a result of sexual assault. These provisions focus on meeting the child’s essential needs until they reach financial independence. But what exactly does this mean, and how is the financial contribution determined? Here’s an overview.
In accordance with article 542.33 of the Civil Code of Quebec, a person convicted of sexual assault may be required to pay a lump-sum contribution in support of the child. This amount does not constitute traditional child support, but rather a specific measure related to the rupture of the filiation bond.
A few things to understand:
- Absence of Filiation: No legal bond between a child and its parent (the assailant). In other words, no legal acknowledgment of a parent-child relationship.
- Proving the Assault: The assault must be proven, usually through a court judgment confirming the assault took place.
The amount of support is based on the child’s needs, not the financial situation of the assailant or the mother. Unlike regular child support cases, where the parents’ financial resources are considered, the law focuses purely on ensuring the child’s needs.
While the total cost of raising a child from birth to adulthood is estimated at around $300,000, the exact amount required to support the child will depend on their individual needs.
Under Article 542.34 of the Quebec Civil Code, the law recognizes that a child’s needs may evolve over time. If something unexpected happens (for example, the child’s health deteriorates) the financial support may be increased to cover these additional costs.
One key feature of these provisions is that claims for financial support in cases of sexual assault are imprescriptible. This means that a victim can seek support at any time, regardless of how much time has passed since the assault occurred. However, if the person responsible for the assault has passed away, an application must be filed within six months of their death.
While these laws provide an important safeguard for children born as a result of sexual assault, the legal process can be overwhelming, especially for victims. It’s important to understand that these provisions are in place to protect children and ensure they have the financial support they need, regardless of the relationship between the child and the person responsible for the assault.
