What is the difference between Criminal vs. Civil Sexual Assault Claims?
Victims of sexual assault are often unfamiliar with the differences between the criminal prosecution of sexual assault and a civil claim for sexual assault. This article explains some of the differences between criminal prosecution for sexual assault and a civil claim for sexual assault. It also discusses the practical relationship between the two and the impact of a plea bargain or not guilty verdict.
What is Criminal Prosecution of Sexual Assault?
When someone is arrested and criminally charged for sexual assault, the District Attorney brings the case on behalf of the people. The remedies available in a criminal case include imprisonment and the requirement that the perpetrator register as a sex offender. The District Attorney cannot secure monetary compensation for victims, but he or she can ensure that the perpetrator goes to jail.
What is a Civil Sexual Assault Claim?
In a civil case for sexual assault, the claim is brought by a private attorney. Usually, the defendants are both the perpetrator and the business, church, or organization where the assault occurred. The remedy available in a civil case is a money judgment. A civil attorney can secure monetary compensation for victims, but he or she cannot send anyone to jail.
What is the Relationship Between a Criminal Prosecution for Sexual Assault and a Civil Claim for Sexual Assault?
It is common for a civil claim for sexual assault to be brought after a perpetrator has been criminally charged. Some—but not all—of our clients report the sexual assault to the police. The police then begin their investigation. Once the investigation is complete, the police provide it to the District Attorney who decides if charges are warranted and which charges to bring. Most criminal cases do not go to trial. Instead, they end in a plea bargain where a defendant pleads guilty to a lesser charge to avoid trial. Even in cases where a perpetrator enters into a plea bargain, victims may still have a civil claim for sexual assault. In fact, a defendant can be found not guilty in a criminal trial and there may still be civil case. Some people might remember the OJ Simpson case. In 1995, OJ Simpson was criminally tried for murder, but he was found not guilty by the jury. In 1997, he was then sued in a civil action and found liable for damages of more than $33.5 million.
So, what is the relationship between criminal prosecution and a civil claim? In practice, civil cases are easier when there is a criminal prosecution, but criminal prosecution is not a requirement or pre-requisite for a civil claim for sexual assault. Civil claims for sexual assault can be brought even if a perpetrator enters into a plea deal or is found not guilty.
Are Criminal Charges Required for a Civil Sexual Assault Claim?
Our clients often ask us: If criminal charges are not filed, do I still have a civil claim? The answer is often yes. Even in cases where there is no criminal prosecution, a civil claim for sex assault can still be filed. Sometimes the District Attorney cannot charge someone for sexual assault because of evidentiary issues or another legal technicality. In civil cases, there is a lower burden of proof, so a victim of sexual assault can bring a civil claim even though there were no criminal charges.
Have you been sexually assaulted? Are you curious as to whether you have a civil claim against the perpetrator? At Hadfield Stieben and Doutt, LLC we offer compassionate and confidential consultations that are free. We know that navigating sexual assault claims requires courage, support, and a trusted civil attorney. We are experienced in handling all types of sexual assault claims including, but not limited to, sexual assault at a church, sexual assault at a school, sexual assault during a medical exam, sexual assault by a massage therapist, sexual assault at a day care, and sexual assault by a person in a position of trust. We practice in Fort Collins, Loveland, Greeley, Estes Park, Wellington, Longmont, along the Front Range and in Northern Colorado. We have extensive experience and have successfully brought civil claims for victims of sexual assault that have resulted in millions in compensation.