Sexual assault is a severe issue that can affect anyone, no matter their background. But when someone decides to take legal action, they may not know whether to file a civil case, a criminal case, or both. These two types of cases are very different, and understanding those differences is essential for anyone seeking justice.
In the United States, it’s reported that over 463,000 people experience sexual assault every year. Yet, according to the Rape, Abuse & Incest National Network (RAINN), only about 25 out of every 1,000 perpetrators end up in prison. Many survivors don’t see justice through the criminal system and turn to civil courts for accountability. That’s where Sexual assault attorneys at File Abuse Lawsuit can help victims understand their legal options and rights.
Let’s get going:
Legal Goals Are Not the Same
A criminal case involves punishing someone for breaking the law. The government, through a prosecutor, takes the accused to court. The goal is to prove that the person committed a crime and to punish them with jail time, fines, or other penalties.
A civil case is different. It’s not about punishment. It’s about helping the survivor recover from the harm they suffered. In a civil case, the person who was hurt (called the plaintiff) sues the person who caused the damage (the defendant) for money or other support.
Different Levels of Proof
Criminal cases are more complex to win. That’s because the prosecutor must prove the person is guilty beyond a reasonable doubt. This is the highest level of proof in the law. It means there can be almost no doubt that the crime happened.
Civil cases use a lower level of proof. The survivor only needs to show that it is more likely than not that the assault happened. This is called a preponderance of the evidence. Civil cases are often easier to prove, especially when there isn’t strong physical evidence.
The Outcomes Look Very Different
If the court finds the defendant guilty in a criminal case, the person could go to jail or pay fines. The court may also order them to register as a sex offender. These are punishments decided by the state.
In a civil case, the court can order the defendant to pay the survivor money. This might include money for medical bills, therapy, lost wages, or emotional pain. Some courts also order punitive damages—extra money to punish the defendant for extreme behavior. But no one goes to jail in a civil case.
Who Brings the Case Forward?
Only the government can bring charges in criminal court. Survivors cannot decide whether to press charges—that’s up to the police and the prosecutor.
In civil court, the survivor starts the case. They hire a lawyer and sue the person who hurt them, which gives the survivor more control. They decide whether to settle, how much money to ask for, and whether to go to trial.
Time Limits Can Vary
Each state sets time limits, called statutes of limitations, for filing criminal and civil cases. For sexual assault, these limits can be longer than for other crimes. Some states have even removed these limits for civil cases involving sexual assault, especially for children.
Still, it’s essential to check the laws in your state. If too much time has passed, a person might be unable to file a case.
The Rules for Evidence
Criminal and civil courts follow different rules for evidence. In criminal court, strict rules protect the rights of the accused. Some evidence may not be allowed if it’s seen as unfair.
Civil courts can be more flexible. They often allow more evidence, including emails, texts, or even past actions of the accused, to help the survivor tell their whole story.
Public vs. Private Process
Criminal trials are usually public, so reporters, family, and others can attend. However, it can be difficult for survivors to share their stories in front of a large audience.
Civil cases can be more private. Survivors may feel more comfortable knowing fewer people are involved. Some civil cases even end with a settlement, so there’s no trial.
One Case Doesn’t Stop the Other
The law allows both a criminal and a civil case for the same event. One famous example is the O.J. Simpson case. He was found not guilty in criminal court but was later found responsible in civil court and had to pay damages.
Success in one court doesn’t always mean success in the other. That’s because the rules and goals are different.
The Final Say
Civil and criminal sexual assault cases may deal with the same incident, but they work in very different ways. Understanding these differences can help survivors decide which path—or paths—they want to take to seek justice.
