How Much Evidence Is Needed to Convict Someone of Assault?

It’s one of the first questions people ask after an assault: How much evidence is enough to hold someone accountable? That depends—specifically on whether you’re talking about a criminal prosecution or a civil lawsuit.

In Ontario, victims of assault can file a civil claim for damages even if no criminal charges are laid. At DWA Law, our assault lawyers help individuals seek compensation for what they’ve endured. No criminal conviction required. Just your story, your evidence, and a clear legal path forward.

The province’s civil claims guide outlines the procedural basics. What it doesn’t show you is how to turn lived experience into a legally sound—and successful—personal injury claim. That’s where we come in.

In criminal court, the burden of proof is beyond a reasonable doubt. That’s a high standard—and intentionally so. The state must prove, with near certainty, that the accused person committed the alleged assault or a related criminal offence.

But civil court operates differently. The test is a balance of probabilities. That’s lawyer-speak for this question: Is it more likely than not that the assault occurred the way the plaintiff says it did?

That difference matters—a lot. Because it means that a person can be acquitted in a criminal trial yet still be found liable in a civil lawsuit. And yes, that outcome happens more often than you’d think.

So no, you don’t need a guilty verdict to move forward. What you do need is credible evidence. It doesn’t have to be dramatic. It just has to be enough to convince a judge—or jury—that your version is the more believable one.

Strong evidence isn’t always flashy. In fact, some of the most effective cases rely on relatively simple—but well-documented—proof.

Here’s what that might look like:

• Your testimony: This is often the foundation. If you’re able to recount what happened with consistency and detail, your voice alone can carry significant weight. Especially when supported by other forms of evidence. 
• Medical records: Reports from ER doctors, therapists, or family physicians who treated you after the assault. These documents help establish bodily harm, emotional trauma, and recovery timelines. 
• Photographs and video: Images of physical evidence, such as visible injuries, torn clothing, or damaged property can visually support your claims. 
• Witness testimony and accounts: Friends, neighbours, or bystanders who can speak to what they saw or heard, or who noticed changes in your condition or behaviour. 
• Police reports: Even if no charges were filed, the police report may document the incident, statements, and crime scene details. 
• Text messages and social media posts: Whether from you or the accused, these can illustrate dynamics before, during, or after the incident. 
• Forensic evidence or expert testimony: In some cases, we may introduce insights from forensic experts, psychologists, or medical professionals who can interpret the evidence in a courtroom context. 

It’s also worth noting that circumstantial evidence—like your behavior after the event, or inconsistencies in the defendant’s story—can be powerful when used effectively.

This is one of the most common concerns clients raise. No cameras. No bystanders. No bruises. Just two people in a room—and two versions of the truth.

And yet, courts routinely decide these cases.

In both domestic assault and sexual assault claims, it’s not unusual for the victim’s testimony to be the only direct evidence. The key is whether that testimony is consistent, credible, and backed (even subtly) by other evidence—like medical reports, text logs, or the timing of events.

If the court believes your account is more reliable than the defence’s version, that alone can be enough.

And remember: in a civil claim, your goal isn’t to prove criminal intent or malice. It’s to show that harm occurred, and that the person you’re suing caused it—by action, by force, or by violating your right to safety.

Any situation involving an alleged sexual assault can be complex and emotionally charged; unfortunately, they are sometimes mishandled by the criminal system. But the civil route offers something different: control. Your narrative, your evidence, your pace.

Sexual assault cases often involve delayed reporting, fragmented memories, or trauma responses that may seem counterintuitive to outsiders. That’s not a weakness in your case—it’s part of the story. And we work with expert witnesses who help courts understand that story fully.

Medical and psychological documentation, consistent accounts, and digital communication often form the evidentiary backbone. But the emotional toll—the psychological harm—is just as real and compensable as physical injury.

Yes. Absolutely.

Civil law doesn’t require a police report, an arrest, or a criminal conviction. Those things help, but they aren’t essential. Many people never call the police. Some do, but no charges result. Others face the heartbreak of a criminal case that stalls due to lack of “sufficient evidence.”

None of that closes the door on civil justice.

You don’t need the Crown’s approval to assert your rights. If what happened to you caused harm, and if we can demonstrate that through compelling evidence, you can move forward.

At DWA Law, personal injury is our focus—and assault cases are a core part of that. Each case is different, but one thing is constant: you deserve to be heard.

We approach every claim with care, strategy, and a thorough eye for crucial evidence.

Want to speak to a personal injury lawyer who understands the complexity of your situation—and respects it? Start here. Start with us.