Understanding Criminal vs. Civil Sexual Abuse Cases

Every 68 seconds, an American is sexually abused. After experiencing such trauma, victims face critical decisions about how to seek justice. Two distinct legal paths exist: criminal prosecution and civil litigation. Each serves a unique purpose, and it is important to understand their differences to determine which path aligns with your goals.

When a victim reports sexual abuse, the decision to press charges lies with the victim and, ultimately, the state. If there’s enough evidence to move forward, the state will proceed with a criminal sexual abuse case. It’s possible to press criminal charges against an alleged abuser while simultaneously filing a civil lawsuit to seek financial compensation, regardless of whether the criminal case is ongoing or resolved. 

Civil vs. criminal sex assault cases differ significantly. Criminal cases aim to punish the offender and protect society, while civil cases focus on seeking justice for survivors and compensating them for their pain and suffering.

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Criminal vs. Civil Sex Crime Cases: What’s The Difference?

The choice to pursue a criminal or civil case for sexual abuse depends on the victim’s circumstances and goals. Sexual abuse survivors can pursue justice through criminal prosecution or civil litigation—or both, as these paths are not mutually exclusive. However, they differ in purpose and outcome:

Criminal Cases

Regardless of whether they’ve occurred to a child at a summer camp or to an adult during a therapeutic massage, criminal sex abuse claims are designed to protect society and penalize the alleged offender. If found guilty, outcomes can range from incarceration and fines to probation and a life-long criminal record.

Burden of Proof

In a criminal case, the evidence must prove ‘beyond a reasonable doubt’ that the defendant committed the crime. That means the prosecutor must prove the defendant’s guilt to a judge or jury. Law enforcement gathers the evidence, which is then presented by a prosecuting attorney in a trial. 

Statute of Limitations

The statute of limitations under sexual abuse laws for crimes tried in a criminal court vary based on the specific charges and whether the case will be prosecuted at the federal or state level. Each state determines how long a victim has to file a claim or prosecute a crime. Some states have no statutes of limitations for sex abuse cases, while others impose time limits depending on factors such as the type of crime or the victim’s age at the time of the offense.

Expectations

In a criminal sexual assault case, the state or federal government is the primary party involved. The accuser serves mainly as a witness and has no control over the prosecution’s decisions. 

Since the purpose is to protect society from a threat, the victim’s rights may not be closely guarded, and they may need to be a witness in court without legal representation advocating for them. Your abuser may be penalized for their actions as the result of a criminal case, but you may not receive any financial compensation.

Regardless if the defendant is found guilty or acquitted of the crime, victims still have the right to file a civil lawsuit against them.

Civil Cases

A civil case focuses on helping victims receive compensation for their pain and suffering. The victim has the right to determine the direction of the case, what evidence is presented in court, and what kind of compensation to pursue. 

Civil cases are usually filed after a perpetrator is convicted and imprisoned. Still, you can file one at any point during a criminal trial or even if the abuser is never charged with the crime.

Sometimes, a victim of a sex crime can bring a claim against another responsible entity that failed to prevent or stop the crime, including schools, stores, restaurants, or hotels.

Burden of Proof

In civil court, the prosecution must prove the abuser’s liability by a “preponderance of the evidence,” meaning they must prove their claims have at least a 51% chance of being true.

Allowable evidence can extend beyond the traditional, such as bodily fluids or police reports. Personal accounts, diary entries, or behavior patterns may also be admissible as evidence in a civil case.

Statutes of Limitations

Statutes of limitations for sexual crimes vary from state to state. Talk to an experienced attorney about the statutes of limitations within your state.

What Can I Expect from a Civil Case?

An attorney will advocate for the victim’s rights and help them secure the compensation they deserve; however, if the perpetrator is found guilty, they will not be punished in any other way.

Here at Shrader & Associates, we specialize in civil sexual abuse cases and are committed to helping survivors seek the financial compensation they deserve.

How Are The Legal Processes Different?

Both criminal and civil cases may be tried in a court, but the processes are very different otherwise.

Criminal Case Process

Some states prosecute crimes similarly to federal processes.

  • Investigation: After a sexual assault is allegedly committed and reported, an investigation is carried out, and the evidence is presented to prosecutors.
  • Charges: If the prosecutor believes there is enough evidence to pursue legal action, they will present it to a judge or a grand jury, who will determine whether to charge the person with the crime. 
  • Arraignment: After a defendant is formally charged with the crime of sexual assault, they appear before a judge for an initial hearing. The alleged perpetrator or defendant pleads “guilty,” “not guilty,” or “no contest.” During this hearing, the defendant learns about their rights, arranges for legal help, and the judge determines whether to hold them in custody or grant bail.
  • Discovery: The prosecutor and defense attorney review the sexual assault case facts, interview witnesses, examine the evidence, and develop their strategies. Prosecutors must share all evidence with the defendant’s attorney throughout this process.
  • Plea Bargaining: If the prosecution has a strong case, it may offer the defendant a plea deal to avoid trial and potentially lessen their sentence. If they plead guilty, they waive their right to a trial and consent to being sentenced by the judge during a sentencing hearing.
  • Preliminary Hearing: If the defendant pleads “not guilty,” a hearing may be held to determine if there is enough evidence to bring the sex assault case to trial. If there is, a trial date will be scheduled. If not, the charges will be dismissed. 
  • Trial: The trial begins after sufficient time for both attorneys to prepare. During the trial, the facts of a case are presented to a judge or a jury, who then decides if the defendant is guilty or not guilty.
  • Post-Trial Motions: The defense attorney may file motions to overturn the decision or request a new trial if the defendant is found guilty.
  • Sentencing: The offender returns to court a few months after a guilty verdict to be sentenced. 
  • Appeal: After a defendant is found guilty, they have the right to appeal to the Circuit Court if they believe their case was improperly handled. 

Civil Case Process

A civil case only occurs if a victim or advocate decides to file a lawsuit seeking damages from an alleged abuser. 

  • Initial consultation: Contact a law firm such as Shrader & Associates that specializes in sexual abuse and sexual assault cases and set up an initial consultation to discuss the case.
  • File a claim: Your attorney will answer your questions and help you file a claim. 
  • Discovery: Your attorney will help you gather evidence, prepare for a deposition, if necessary, and start negotiations for settlement. Most sexual abuse civil cases settle before trial, but if you decide to take your case to trial, your attorney will help you every step of the way.
  • Trial: During a trial, your attorney will help you present your case, and a jury will decide the outcome and the compensation you will receive.

Shrader & Associates L.L.P. Can Help

Pursuing a civil case can be an empowering step toward justice and healing. If you are ready to file a civil sexual abuse or assault claim, it is crucial to understand your rights as a sexual abuse survivor. At Shrader & Associates, we understand the courage it takes to come forward and are dedicated to providing compassionate, skilled representation to sexual abuse survivors. Our goal is to help you secure the financial compensation you deserve while advocating for your rights every step of the way.

Call us today to set up your free initial consultation.

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