Mental distress is a term used to describe a range of emotional and psychological symptoms that can arise as a result of traumatic or stressful experiences. Historically, mental distress was not something that could be easily quantified or compensated for in a legal sense. However, in recent years, there has been a growing recognition of the impact that mental distress can have on individuals and society as a whole. This has led to changes in the law to better accommodate those who have experienced mental distress.
One of the most significant changes has been the recognition of mental distress as a compensable injury. This means that individuals who have experienced mental distress as a result of another’s actions can seek compensation for their suffering. This is known as the tort of mental distress.
Mental Distress and Its Treatment Under the Law
In order to pursue a claim for mental distress, there are a few key elements that must be met. First, the plaintiff must be able to demonstrate that they have suffered a recognized psychiatric illness or disorder as a result of the defendant’s actions. This may include conditions such as depression, anxiety, or post-traumatic stress disorder.
Second, the plaintiff must be able to demonstrate that the defendant’s actions were a direct cause of their mental distress. This can be challenging in cases where there are multiple factors at play, but it is an important element of the claim.
Finally, the plaintiff must be able to demonstrate that the mental distress they have suffered is severe enough to warrant compensation. This may include factors such as the duration and severity of their symptoms, the impact on their daily life, and the need for ongoing treatment or therapy.
Mental Health Awareness and Its Impact on Legal Standards
The recognition of mental distress as a compensable injury is a significant development in the law, and it reflects a growing understanding of the impact that mental health can have on individuals and society as a whole. It also reflects a growing recognition of the importance of mental health and the need to treat it with the same seriousness as physical health.
However, there are still challenges that must be addressed in order to fully integrate mental distress into the legal system. One challenge is the difficulty of quantifying mental distress and determining an appropriate level of compensation. Unlike physical injuries, which may have clear and measurable costs associated with them, mental distress is often more subjective and difficult to quantify.
Another challenge is the stigma surrounding mental health issues. Many individuals may be reluctant to pursue a claim for mental distress due to the stigma surrounding mental health or the fear of being perceived as weak or vulnerable.
Despite these challenges, the recognition of mental distress as a compensable injury is an important step forward. It sends a message that mental health is just as important as physical health and that those who have suffered mental distress as a result of another’s actions deserve recognition and compensation for their suffering.
The tort of Mental Distress and Modern Law
Moving forward, it will be important to continue to raise awareness of the importance of mental health and to work towards reducing the stigma surrounding mental health issues. By doing so, we can help to create a legal system that is more inclusive, compassionate, and just for all individuals.
Mental distress arising from sexual coercion is something that can no longer be ignored, creating the need to recognize the tort in family law, Toronto family lawyer Inna Tsinman tells AdvocateDaily.com.
“It’s about trying to break the bond between sex and economics,” says Tsinman, principal of Tsinman Law. “Through this tort, I want to see a shift in thinking, so both men and women realize that equal pay and position in the workforce is inherently tied to sex.”
She says that when women are economically dependent on their partners, the balance of power is against them and that the same can be said for men who earn less than their spouses.
Compensating for Mental Distress in Legal Proceedings
“Sex is being traded for money,” Tsinman says. “Psychologists have shown that the exchange of male resources for female sexuality is a widespread aspect of human social life and mating practices. It’s not openly discussed in our day-to-day, and no one really admits it, although it is in our humour and our subtext. Nevertheless, this exchange, although widespread, is the underpinning of inequality and in the most severe cases degradation of personhood.”
Tsinman, who points to research from visiting Harvard professor Catharine MacKinnon and her theory of “coerced caring,” says women who argue for equality in the workforce must first recognize the inequality that inherently exists in such relationships.
“For women to argue for equal pay and promotion, it’s contradictory,” she says. “What is the incentive for a man to give up his power if that’s what he holds onto in order to have access to sex?”
Tsinman says she often encounters spouses — both men and women — who experience mental distress as a result of being in an intimate relationship with an economic power imbalance.
Reducing Stigma and Raising Awareness of Mental Health
“If you’ve been coerced to have sex against your will, you suffer tremendously,” she says. “You feel bad about yourself. Intimacy is detached, not out of love, and it destroys your dignity.”
Tsinman cites the example of economic coercion in a situation where one spouse is threatening to cut off financial support unless the spouse offers sex in exchange.
“Or it could be more subtle,” she says. “It could simply be an expectation to ‘perform’ when the spouse comes home from work.”
In the context of family law, Tsinman says women may stay in a marriage and continue to perform sexually, despite wanting to separate.
The tort of Mental Distress
“They may delay the separation if they don’t feel they are economically stable enough to get out of the relationship,” she says. “I have seen women locked in bad relationships because of economic dependency.”
She called the tort of mental distress the “tip of the iceberg” when it comes to a larger shift in thinking.
Tsinman says women and men from all socio-economic backgrounds could fall victim to this form of coercion, and it is not limited to certain cultures or income levels.
She encourages people to consider if they would be with their spouse if they were economically independent. While she agrees people have the right to choose their partner, she says marriages are more likely to succeed if both partners function as a team.
Elements of a Successful Claim for Mental Distress
The elements of a successful claim for mental distress in Canada can be complex and difficult to navigate. In order to pursue a successful claim, there are several key factors that must be established.
First, the plaintiff must be able to demonstrate that they have suffered a recognized psychiatric illness or disorder as a result of the defendant’s actions. This may include conditions such as depression, anxiety, or post-traumatic stress disorder.
Second, the plaintiff must be able to demonstrate that the defendant’s actions were a direct cause of their mental distress. This can be challenging in cases where there are multiple factors at play, but it is an important element of the claim.
Third, the plaintiff must be able to demonstrate that the mental distress they have suffered is severe enough to warrant compensation. This may include factors such as the duration and severity of their symptoms, the impact on their daily life, and the need for ongoing treatment or therapy.
