Differences in Civil vs. Criminal Sexual Abuse Cases

Sexual abuse cases may involve a whole host of criminal charges and civil claims. Many cases lead to criminal charges for perpetrators, and victims may file civil claims for damages. Although these cases may overlap in significant ways, they are legally separate and distinct.

In criminal cases involving sexual abuse, a victim of abuse may report the incident to the police, but the state is ultimately responsible for filing charges and bringing the case to court. While victims often participate as witnesses, they are not the driving force behind the case. In a civil case, the victim files the lawsuit and presents their claims to the court. The purpose is to get compensation for their damages and injuries. The outcome of one case does not necessarily influence the outcome of the other. Even if the defendant is not criminally charged, you can still sue them in civil court.

Speak to our Philadelphia lawyers for victims of sexual abuse and get a free case review by calling The Law Office of Andrew Shubin at (814) 826-3586.

Who Initiates Criminal and Civil Sexual Abuse Cases?

Civil and criminal sexual abuse cases begin in very different ways. While the government brings criminal cases, civil cases are often private matters initiated by private citizens or entities.

In a criminal case for sexual abuse, the case is brought by the state against the person accused of committing the abuse. While victims might have reported the abuse to the authorities, victims have no say in what happens during the investigation. They also have no say in whether the accused is criminally charged. This is largely left up to the police and prosecutors. However, in many cases, the authorities will consider the victim in their decision-making processes.

In civil cases for sexual abuse, the case is initiated by the victim, not the state. Instead of filing charges, the victim – now the plaintiff – may file a formal complaint against the defendant in a civil court. Civil cases are considered private actions and typically do not involve the government.

How Outcomes of Civil and Criminal Sexual Abuse Cases Differ

Outcomes of criminal and civil cases for sexual abuse also differ significantly. While criminal cases tend to focus on punishing defendants, civil cases focus more on compensation for the plaintiff.

In a criminal case, the defendant may face serious penalties, like incarceration, fines, and more. Sexual abuse and other sexual offenses tend to be charged as serious felonies, and the consequences may be severe. The victim typically is not compensated, although courts may order the defendant to pay restitution in certain circumstances.

In civil cases for sexual abuse, the outcome is more focused on compensation for victims. Defendants do not face criminal penalties, such as prison time, and criminal penalties are generally not involved. However, defendants may have to pay substantial financial compensation to victims.

Statute of Limitations for Criminal and Civil Sexual Abuse Cases

Another important factor to consider is the statute of limitations. Different statutes of limitation apply to criminal and civil cases. While civil limitations apply to plaintiffs, criminal ones apply to the government.

The statute of limitations for civil claims of sexual abuse varies by state. For example, in South Carolina, a plaintiff must file claims for sexual abuse within 6 years of when they turn 21 or 3 years from when they discover the relationship between the abuse and their injuries, whichever is later. In Rhode Island, victims have 35 years from when the abuse happened or 7 years from when they discover it, whichever is later.

Criminal statutes of limitation also vary by state. These statutes limit the amount of time the government has to file charges against someone. Many states do not have statutes of limitation for sexual abuse or other sexual offenses if they constitute serious felonies. Less serious charges, such as misdemeanors, might have a limitation period of several years. If the authorities cannot file charges within this time, they might never be able to do so.

How Proving Sexual Abuse Differs in Criminal and Civil Trials

To prove a case in court, the burden of proof must be satisfied. The burden is normally very high and difficult to meet, and it differs between criminal and civil cases.

The criminal burden of proof is “proof beyond a reasonable doubt.” This is an extremely high burden, and it may be difficult to meet without very strong evidence. This burden requires that the state presents evidence of the defendant’s guilt that leaves very little to no room for any reasonable doubt. Again, this is a very high burden.

The civil burden of proof is “proof by a preponderance of the evidence.” This means that a plaintiff must prove that it is more likely than unlikely that the defendant is liable for their injuries. While this is a somewhat lower burden of proof, it is still not easy to meet.

Investigating Sexual Abuse in Criminal and Civil Cases

The process of investigating a civil case may be quite similar to that of investigating criminal cases. If the police are involved, they may interview witnesses, suspects, and others who know about the abuse. In a civil case, our lawyers for victims of sexual abuse may also interview the same people. However, unless we obtain a subpoena, witnesses may not be required to speak with us.

Both investigations may involve the same or similar evidence. We will likely need to comb through medical records to prove the abuse and injuries. The police may similarly request access to this evidence. Testing DNA samples also frequently comes up in both criminal and civil cases for sexual abuse.

In many cases, the police will investigate for a criminal case first. Once that case is complete, we can use the same evidence in our civil case.

Can I File a Civil Lawsuit for Sexual Abuse if Criminal Charges are Pending?

Criminal and civil trials are distinct from each other, even when they involve the same individuals and facts. While these cases may overlap in some important ways, they are legally distinct. If a criminal case is pending against the person who sexually abused you, you are permitted to file a civil lawsuit against them.

On top of that, whether the defendant is criminally charged for sexually abusing you, you can sue them in civil court. Sexual abuse may be a serious crime, but there might not be enough evidence to press criminal charges. Even so, there may be enough evidence to hold the defendant liable in civil court.

Even if the defendant is found not guilty in criminal court, you can continue to sue them in civil court.

For a Free Case Review, Call Our Sexual Abuse Attorneys Now

Speak to our lawyers for victims of sexual abuse and get a free case review by calling The Law Office of Andrew Shubin at (814) 826-3586.