Survivors of sexual abuse often feel overwhelmed when considering legal options. One of the most common questions asked is: What is the difference between a civil sexual abuse case and a criminal sexual abuse case?
Below, our friends from Kellogg & Van Aken LLP discuss the difference between civil and criminal sexual abuse cases.
Understanding the distinction is important, because the type of case determines who brings the claim, the burden of proof, and the outcomes available to survivors. Having clarity about these differences can empower survivors to make informed decisions about their path forward.
Criminal Sexual Abuse Cases
Who brings the case? Criminal cases are filed by the state (prosecutors or district attorneys), not the survivor.
Burden of proof: The prosecution must prove the abuser’s guilt beyond a reasonable doubt, a very high legal standard.
Goal of the case: To punish the offender with jail, prison, probation, or registration as a sex offender.
Role of the survivor: Survivors may be called to testify as witnesses but do not control whether the case moves forward.
Civil Sexual Abuse Cases
Who brings the case? Survivors themselves file the lawsuit, usually with the help of a sexual abuse attorney.
Burden of proof: Civil cases require proof by a preponderance of the evidence, meaning “more likely than not.” This is a lower burden of proof than in criminal court.
Goal of the case: To seek financial compensation for damages such as medical expenses, therapy costs, lost income, and pain and suffering. Civil cases can also hold institutions (schools, churches, youth organizations, employers) accountable if they failed to protect survivors. Civil claims may also uncover patterns of abuse or negligence that were previously hidden.
Role of the survivor: Survivors, through their attorneys, make the decisions about whether to file, settle, or go to trial. This provides more control over the process than in criminal court. Survivors often find that civil cases offer a sense of agency and validation.
Why Civil Sexual Abuse Cases Matter
Even if a criminal case is never filed, or if the abuser is not convicted, survivors still have the right to pursue a civil lawsuit. Civil cases:
- Provide an avenue for accountability when the criminal system falls short.
- Offer survivors financial resources for healing and recovery.
- Shine a light on institutions that enable abuse, helping protect others in the future.
- Empower survivors to have their stories heard in a courtroom where their voices can make a lasting impact.
Civil Sexual Abuse Attorneys
Sexual abuse attorneys focus exclusively on representing survivors in civil sexual abuse cases against institutions that have enabled abuse such as schools, youth organizations, sports organizations, and religious institutions. Their mission is to help survivors seek justice on their own terms, whether that means pursuing a settlement, holding an institution accountable, or going to trial.
If you are considering your legal options, know that you are not alone. A sexual abuse lawyer will listen, explain your rights, and guide you through every step of the process. A good lawyer will provide you with compassionate, trauma-informed legal representation tailored to your unique needs.
