Civil Vs. Criminal Lawsuit: What’s The Difference?
Sexual assault is a crime that is punishable by fines and potential prison time. However, this is not the only way to hold your attacker accountable. Another avenue for recovery is to pursue a civil claim to recover damages.
Civil and criminal lawsuits are two separate and distinct legal pathways.
Below are some of the key differences between civil and criminal claims:
- Criminal charges are brought by the state on the victim’s behalf, rather than by the actual victim of the assault;
- Criminal charges have a higher burden of proof, which can make them more difficult to prove in court; and
- Whereas a successful civil claim can result in financial compensation for the victim, a successful criminal conviction will not result in any monetary compensation.
Neither option is necessarily better than the other. Both civil and criminal claims can provide victims with a sense of justice and accountability. Nevertheless, only a civil claim can allow you to recover financially for the harm you have suffered.
Additionally, it is important to note that you do not have to pick one option over the other.
Even if your attacker has been charged with and convicted of criminal sexual assault, you can still pursue a civil claim. In fact, if your attacker has already been convicted criminally, this can be used to help prove your civil case.
Get Your Free Consultation