Civil and criminal sexual abuse cases differ greatly on a number of factors, from their purpose to potential outcomes. Your role in these matters is also different, yet vital for both trials.
If you or someone you loved was sexually abused, let us guide you through the legal process with compassion and understanding. We know how hard it is to take the next steps, so start now by learning how civil sexual abuse cases differ from criminal trials.
Purpose and the Victim’s Role
A civil suit is brought by the victim and their attorney, and its purpose in a sexual abuse case is to compensate the survivor for their harm and losses suffered at the hands of the defendant. On the other hand, officials bring forth charges in a criminal case, and at trial, the state’s intent is to protect society by punishing the offender for breaking the law.
A victim’s role is vastly different depending on whether the matter is civil or criminal. The prosecution will likely ask the victim to serve as a witness, but that does not grant them much control over the case. However, as the plaintiff in a civil action, the victim is the central party and active decision maker in the legal strategy.
Burden of Proof and Potential Outcomes
In a civil sexual abuse trial, the burden of proof is lower than it is in criminal trials. Liability must be proven by a preponderance of the evidence (roughly 51 percent certainty), as opposed to the higher standard of beyond a reasonable doubt.
The potential outcomes of a criminal case are more severe and can include penalties such as imprisonment, probation, fines, and a mandatory sex offender registration. Civil courts do not impose jail time, and penalties are in the form of monetary damages awarded to the victim.
Consult With a Committed Attorney to Learn What Damages Sexual Abuse Survivors Can Recover
Civil and criminal sexual abuse cases differ greatly at trial, and even though you read our guide, you probably have questions. Contact Phillips Law Group and schedule your free, no-obligation consultation now.
Let us help you navigate the legal matters in your future, so that you can focus on your recovery. Phillips Law Group has helped our community manage sexual abuse cases for more than 30 years, and we have the civil and criminal trial background you need to ensure your rights are protected.