The Similarities and Differences Between Civil and Criminal Cases in Sexual Abuse Claims

Sexual assault is one of the most horrific things that can happen to a person. Sadly, the California Department of Public Health reports that one of every three women and one of every four men in the state has experienced unwanted sexual contact. 

Survivors of sexual abuse can seek justice through the criminal justice system as well as civil court. But survivors may wonder about the differences between these two systems. 

This article will explain the similarities and differences between civil and criminal cases in sexual abuse claims. It will also provide information about the damages available in civil cases and how a San Francisco sexual assault attorney can help. 

Civil vs. Criminal Cases in General 

Criminal cases are typically initiated when a crime is reported to police. The police investigate the crime and the results of their investigation are provided to the office of the district attorney or prosecutor. The prosecutor decides whether criminal charges should be pursued and which charges are appropriate. 

Criminal cases usually end with a plea deal or a trial. At trial, a jury decides if the defendant is guilty or not guilty. After a guilty verdict, the court will schedule a sentencing date. Common criminal sentences include imprisonment, fines, community service, and probation. 

Civil cases are brought by a private person who has an issue with a person, business, or organization. The person who suffered the injury or loss is called the plaintiff. The person or organization who caused the problem is called the defendant. 

Most civil cases end with a settlement. If the parties don’t settle, the case will go to trial. At trial, a jury or judge decides if the defendant is responsible for the plaintiff’s losses. If the defendant is found liable for the plaintiff’s losses, the jury or judge will decide the appropriate amount of damages the defendant should pay the plaintiff in order to compensate the plaintiff for the injuries defendant caused. 

Similarities Between Civil and Criminal Sexual Assault Cases 

Civil and criminal cases share similar processes and procedures. Both involve courts and can involve juries. Settlements and plea deals serve similar functions. Trials are rare in both types of cases. 

Beyond these procedural parallels, civil and criminal cases share other important similarities: 

• Both criminal and civil cases are ways for sexual abuse survivors to hold perpetrators accountable. 
• Survivors can use criminal as well as civil proceedings to make the public aware of their abuser’s bad behavior. 
• Criminal prosecution and civil lawsuits can cause individual defendants and organizations to change their behavior and policies. 
• Civil suits and criminal actions can both discourage the general public from engaging in sexual abuse. 

Civil and criminal sexual abuse cases often involve the same witnesses and evidence. As such, survivors may be required to testify during both proceedings. While some sexual abuse victims may be fine with this, others may find testifying in court to be difficult or even traumatizing. If you have concerns about testifying, talk to a San Francisco sexual assault attorney. 

Differences Between Civil and Criminal Sexual Abuse Cases 

While there are similarities between civil and criminal sexual abuse cases, there are also some major differences. Of course, jail is not an option in civil cases. Here are a few more distinctions: 

Different Purposes 

The purpose of a civil lawsuit is to compensate the victim for the harm that the defendant’s actions caused. Damages in civil sexual abuse claims can include compensation for: 

• Medical bills (including therapy or counseling) 
• Lost wages and lost earning capacity 
• Pain and suffering  
• Loss of enjoyment of life
• Emotional distress

However, criminal cases must look beyond the individual to consider what is best for society as a whole. Prosecutors sometimes encounter reluctant victims, but they cannot drop a case for this reason. The person who hurt the victim could harm others in the future, so the prosecutor must move forward despite the victim’s concerns. 

Differences in Control 

The prosecutor controls each step of a criminal case. In a civil case, important decisions such as whether to file a case or accept a settlement are left to the plaintiff. 

Different Burdens and Standards 

In a legal case, the party with the “burden of proof” is responsible for convincing the jury or judge. In a criminal case, the prosecution has the burden of proof. In a civil case, the burden lies with the plaintiff. 

The burdens of persuasion in these cases are also different. The “burden of persuasion” refers to the level of proof needed to win a case. In a criminal sexual assault case, the prosecutor must prove the defendant’s guilt beyond a reasonable doubt. “Reasonable doubt” equates to close to 100 percent certainty that the sexual assault occurred. As perpetrators of sexual abuse typically commit such acts against their victims in private, oftentimes a district attorney will choose not to prosecute because of the difficulty in proving the case beyond a reasonable doubt. 

However, even if criminal charges are never brought, a sexual abuse survivor may still have the ability to obtain monetary compensation in a civil case.  Civil cases use a preponderance of the evidence standard, which equates to just a little bit more than 50 percent certainty or that it is more likely true than not true that the sexual abuse occurred. The lower burden in civil cases makes success more likely than in a criminal case. 

Different Timelines 

All legal cases – whether civil or criminal – must be brought within a certain time. Lawyers call these deadlines statutes of limitations. 

California has complex rules for statutes of limitations involving sexual crimes. Generally, misdemeanor sex crimes against adults must be prosecuted within two years. Most sex-based felonies in California have a 10-year statute of limitations. However, certain sex crimes committed against minors can be prosecuted until the victim’s 40th birthday. Finally, some sexual felonies are so serious that no statute of limitations applies. 

In civil cases, adult victims must file their claims within 10 years of the assault or three years after discovering an injury related to the assault. In general, lawsuits by those sexually abused as minors can be filed at any point up to a victim’s 40th birthday or within five years of learning about an assault-related injury. However, the California legislature has passed a series of laws that create special “revival” periods for certain sexual abuse lawsuits. Currently, minors who have been sexually assaulted on or after January 1, 2024, have no time limit to bring a civil action relating to their abuse.  

Because the laws in California relating to the time period to bring a sexual abuse claim are constantly changing, it is imperative that you contact a San Francisco sexual abuse attorney to advise you on the specific statute of limitations for your particular case. 

Ask a San Francisco Sexual Assault Attorney About Your Rights 

In California, sexual abuse survivors have rights. A civil suit is one way to assert those rights. If you’ve suffered sexual abuse of any kind and have questions about your legal rights, contact the Ribera Law Firm. We have extensive experience representing survivors in sexual abuse cases. Ribera Law provides committed and compassionate counsel to every client. To learn more about how Ribera Law can help you, call (415) 576-1600 or use our online contact form to schedule a free consultation.