Differences in Civil vs. Criminal Sexual Abuse Cases

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Author: Tina L

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Sexual abuse cases may involve a whole host of criminal charges and civil claims. Many cases and investigations result in criminal charges against perpetrators, and victims may also file civil claims for damages. Although these cases may overlap in significant ways, they are legally separate and very different.

While a victim of abuse may report the incident to the police to initiate a criminal case, the state is ultimately responsible for filing charges and bringing the case to court. While victims often participate as witnesses in criminal trials, 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 and hold the defendant legally liable for sexual abuse. 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.

For a free case assessment from the Philadelphia lawyers for victims of sexual abuse of The Law Office of Andrew Shubin, call (814) 826-3586.

What Are the Main Differences Between Criminal and Civil Sexual Abuse Cases?

There are many key differences between criminal and civil sexual abuse cases that all victims seeking justice should familiarize themselves with.

The following are some of the main differences between civil and criminal sexual abuse cases:

Case purpose and goal
Authority to bring a case
Potential case outcomes
Statutes of limitations
Standards of proof

Victims may pursue civil cases against defendants, whether or not they have been charged with or convicted of criminal offenses related to sexual abuse.

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.

Criminal Sexual Abuse Cases

In a criminal case for sexual abuse, the case is brought by the state against the person accused of committing the criminal abuse. While the victim might have reported the abuse to the authorities, they ultimately have no say in what happens during the investigation. They also have no say in whether the accused is criminally charged, despite common misconceptions.

Whether or not charges are filed is decided by the prosecution. However, the prosecution will often consider the victim’s desires and willingness to cooperate and testify in its decision-making process.

Civil Sexual Abuse Cases

In civil cases for sexual abuse, the case is initiated by the individual victim themselves, not the state. Instead of filing charges, the victim, as the plaintiff, may file a formal complaint against the party or parties responsible for their sexual abuse in a civil court. Both individual abusers and institutions can be held liable for sexual abuse in civil claims.

Civil cases are considered private actions and typically do not involve the government, unlike criminal cases.

What Are the Potential Outcomes of Civil and Criminal Sexual Abuse Cases?

The potential outcomes of criminal and civil sexual abuse cases also differ significantly. While criminal cases tend to focus on punishing defendants, civil cases focus more on compensating plaintiffs, though there may also be additional consequences for especially egregious behavior.

Incarceration and Fines

In a criminal case, the defendant may face serious penalties, such as incarceration, fines, and more. Sexual abuse and other sexual offenses are typically charged as serious felonies, so the consequences of a conviction are often severe. The victim typically is not compensated in a criminal sexual abuse case. However, the judge may order the defendant to pay restitution directly to the plaintiff in certain circumstances.

Unfortunately, a common outcome of criminal sexual abuse cases is that there is no conviction, whether because of a not-guilty verdict, the charges being dropped, or the case being dismissed. Even if a defendant is convicted and penalized, the sentencing might not be sufficient in the victim’s eyes, based on the sexual abuse they endured.

Paying Compensatory and Punitive Damages

In civil cases for sexual abuse, the outcome is more focused on getting compensation for victims. Defendants do not face criminal penalties, such as prison time, and criminal charges are generally not involved. Defendants may have to pay substantial financial compensation to victims for their economic and non-economic damages and face considerable reputational consequences, even if a civil sexual abuse case settles.

Depending on the state where the abuse occurred and where the lawsuit was filed, the defendant may also have to pay the victim punitive damages in addition to compensatory damages.

How Do the Statute of Limitations Differ for Criminal and Civil Sexual Abuse Cases?

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

Civil Statute of Limitations for Sexual Abuse of a Child

The statute of limitations for civil claims of sexual abuse varies by state and is typically longer for victims of childhood sexual abuse. For example, for victims of childhood sexual abuse in Connecticut, Delaware, Maine, Florida, and many other states, there is no statute of limitations to bring a civil lawsuit.

In other states, there is a filing deadline, but it may still be longer than the statute of limitations for adults, such as in Pennsylvania, where child victims have until they turn 55 to bring civil sexual abuse cases.

Not all states have a special statute of limitations for childhood sexual abuse cases, such as Alabama and Michigan, so don’t assume you have decades to bring your lawsuit, and confirm the deadline with lawyers for victims of sexual abuse.

Civil Statute of Limitations for Sexual Abuse of an Adult

Many states have a separate statute of limitations that applies to adult victims of sexual abuse. Some states have specific statutes for sexual abuse. In contrast, others use the normal personal injury statute of limitations, which may be a few short years, depending on where the abuse occurred.

Criminal Statute of Limitations for Sexual Abuse

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

What Does it Take to Prove Sexual Abuse in Civil vs. Criminal Trials?

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

Standard of Proof in Criminal Trials

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 present evidence of the defendant’s guilt that leaves very little to no room for any reasonable doubt in jurors’ minds. Again, this is a very high burden and is especially hard to meet in sexual abuse cases, which might leave little physical or other evidence.

Standard of Proof in Civil Trials

The civil standard of proof is “proof by a preponderance of the evidence.” This means that a plaintiff must prove that it is more likely than not that the defendant is liable for their injuries and damages from sexual abuse. While this is a somewhat lower burden of proof, it is still not easy to meet and typically requires help from an experienced attorney.

How Different Are Investigations into Criminal and Civil Sexual Abuse Cases?

Investigations into sexual abuse for civil and criminal cases may be more alike than they are different, though the purpose of the investigations may differ.

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.

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

Can You File a Civil Lawsuit for Sexual Abuse if a Criminal Case is Pending?

Criminal and civil trials are separate, 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 still sue them for sexual abuse in civil court.

What Are the Similarities in Civil and Criminal Sexual Abuse Cases?

With all the differences between civil and criminal sexual abuse cases, there are also many similarities, such as the victim’s experience of sexual abuse, the party that bears the burden of proof, the importance of witness testimony, and the possibility that either case could go to trial.

Incident of Consequence

Civil and criminal sexual abuse cases can be based on the same exact abuse experience. You can report sexual abuse to law enforcement and help them build a case to bring charges, and you can file a civil lawsuit, all for the same experience.

Who Has the Burden of Proof

In both civil and criminal sexual abuse cases, the burden of proof falls on the party who brings the case. In civil cases, that is the plaintiff, and in criminal cases, that is the prosecution. Though they must meet different standards of proof, they are still both responsible and bear the burden, unlike the defense.

Importance of Witness Testimony

Both criminal and civil sexual abuse cases often hinge on witness testimony. Victims are often asked to testify in criminal trials and during civil cases about the abuse they experienced and the effect it has had on their lives. The questions victims are asked when they testify during civil and criminal trials may differ, as the standard of proof and purpose of the cases differ, too.

Possibility of a Trial

There is the possibility that you could go to trial for a criminal or civil sexual abuse case. The trials themselves differ greatly, with civil trials generally much shorter and often avoided altogether if involved parties agree to a settlement.