October 27, 2021

Can a Victim of Sexual Assault File a Civil Lawsuit?

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Understanding Civil Lawsuits for Sexual Assault Victims

The pursuit of justice after sexual abuse varies for every survivor. Criminal prosecution is often the first step to stopping offenders and ensuring public safety. However, criminal trials are designed with a specific focus: the jury must reach a verdict beyond a reasonable doubt to convict. This high standard can sometimes leave victims feeling further traumatized and without resolution if the jury fails to convict.

For those seeking another path to justice, a civil lawsuit provides an alternative. Unlike criminal cases, civil actions are initiated by the victim against the perpetrator or other responsible parties and seek money damages for harm caused. Civil litigation requires less stringent evidence and offers victims a way to hold offenders accountable, often resulting in financial compensation.

Who Can File a Civil Complaint?

  • Any survivor of sexual abuse, or someone acting on their behalf, can file a civil lawsuit for damages. Common civil claims include:
    Groping
  • Indecent exposure
  • Sexual abuse of a minor
  • Sexual assault by a doctor or caregiver
  • Rape
  • Other non-consensual sexual acts

Victims do not need a prior criminal proceeding to file a civil case. Even if a criminal lawsuit has not been pursued, or if the criminal case was unsuccessful, victims can still pursue civil remedies. The primary goal is to hold the perpetrator liable for the harm inflicted and to provide financial redress for the victim’s pain, suffering, and property damage.

Additional Liable Parties in Civil Lawsuits

In certain cases, the fault for sexual abuse extends beyond the perpetrator. Victims may also bring claims against third parties, such as institutions that failed to prevent the assault. For example, schools, businesses, and other entities that failed to provide adequate security or protection can be held accountable for their negligence.

When assessing liability, discovery requests and legal advice from your attorney can help identify any potential responsible parties. Factors such as inadequate supervision, poor security, or neglect on the part of the institution may all be considered when filing a civil lawsuit.

Proof and the Burden of Evidence in Civil Cases

In a civil trial, the burden of proof differs significantly from that in criminal cases. Here, the plaintiff must establish liability by a “preponderance of the evidence,” meaning that the plaintiff’s claims must be more likely than not. This lower standard of proof makes it easier for the plaintiff to win a civil case. Only nine out of twelve jurors must agree for the defendant to be found liable.

In cases where the perpetrator has already been convicted in a criminal proceeding, the concept of Collateral Estoppel allows the evidence from the criminal case to be used in the civil trial. This can be a crucial advantage in proving liability, although there are still procedural hurdles and rules of evidence that must be followed.

Statutes of Limitations for Civil Lawsuits

Each state has its own statutes of limitations, which dictate how long victims have to file a civil lawsuit after an assault. For cases involving minors, many states have specific rules allowing for an extended period of time to file, sometimes even years after the victim reaches adulthood.

Understanding the applicable statute of limitations in your state is crucial, as missing the filing deadline could prevent your case from moving forward. It is always recommended to consult with an experienced attorney as soon as possible to ensure the legal process can begin in a timely manner.

The Civil Lawsuit Process

The process of filing a civil lawsuit begins with the service of process, where the defendant is formally notified of the lawsuit. This is followed by the discovery process, where both parties exchange evidence and initial documents such as police reports, medical records, and witness testimony. During this phase, your attorney will request production of documents to gather more evidence and support your claims.

Civil trials can involve bench trials (decided by a judge) or jury trials. In either scenario, both sides present their case through direct examination, cross-examination, and closing arguments. During the trial, your attorney will seek to establish that the defendant is liable for the assault based on the evidence presented.

If the defendant does not respond to the lawsuit or fails to appear in court, the plaintiff may be awarded a default judgment, which results in compensation being awarded without the need for a full trial.

Potential Outcomes of Civil Lawsuits

The goal of a civil action is typically to recover compensatory damages for the victim’s pain and suffering, medical bills, therapy costs, and lost wages. In some cases, the court may also award punitive damages to punish the perpetrator for particularly egregious behavior.

While criminal proceedings can result in jail time, civil lawsuits focus solely on financial compensation. The outcome may include compensation for both personal property and real property damage, if applicable.

If the case is settled out of court, the settlement negotiations result in an agreement between the parties, avoiding the need for a trial. However, if no settlement is reached, the court will render a verdict based on the evidence and award the plaintiff a monetary judgment.

Seeking Legal Assistance

The complexities of civil proceedings, from legal disputes to filing discovery requests, make it essential for victims to seek help from a licensed attorney who specializes in sexual assault cases. Attorneys familiar with civil lawsuits will navigate the legal issues and rules of evidence involved, as well as advocate for maximum money damages.

An experienced attorney can also offer guidance on the time limits for filing a claim, ensuring that your case is filed within the appropriate statute of limitations. Additionally, attorneys can handle all aspects of the lawsuit, including the filing of standard forms such as the complaint form, request for admissions, and Request for Production.

Conclusion

A civil lawsuit offers victims of sexual assault the opportunity to pursue justice and hold the perpetrator, or other responsible parties, accountable for their actions. With lower evidentiary requirements than a criminal trial and the potential for monetary compensation, it is a powerful legal tool for those seeking closure and restitution.

At Serling & Abramson, P.C., we understand the complexities of legal matters related to sexual assault. Our experienced attorneys are committed to protecting your rights and maintaining the confidentiality of your case. We provide a free case evaluation to help you understand your options and guide you through the legal proceeding. Reach out to us today for compassionate and professional legal assistance.