Yes, you absolutely can sue for sexual assault. This action is part of the civil justice system, which runs parallel to the criminal justice system. Knowing the difference between these two paths is key to understanding your options and choosing the course that is right for you.
Exploring your legal options is a courageous act of reclaiming your power. It’s about seeking accountability, finding a sense of justice, and securing the resources you need to support your healing journey. While the legal process can seem complex, working with a sexual assault attorney can help you navigate that process and hold responsible parties accountable for the harm they have caused.
Key Takeaways about Sexual Assault Civil vs. Criminal Cases
- Survivors of sexual assault have two potential legal avenues: the criminal justice system and the civil justice system.
- A criminal case is brought by the state to punish the offender, while a civil lawsuit is filed by the survivor to seek financial compensation and accountability.
- The standard of proof is much higher in a criminal case ("beyond a reasonable doubt") than in a civil case ("preponderance of the evidence").
- A survivor can pursue a civil lawsuit regardless of whether a criminal case is filed or what its outcome is.
- Civil lawsuits can seek compensation for medical care, therapy, lost income, and emotional distress from the perpetrator and, in some cases, from institutions that failed to protect the survivor.
Understanding the Two Paths to Justice: Criminal vs. Civil
Think of the justice system as having two distinct roads that can lead to two different kinds of outcomes. One road is criminal, and the other is civil. They are separate from one another, have different goals, and operate under different rules. A survivor of sexual assault may choose to travel down one, both, or neither of these roads. The choice is always yours.
The most significant difference lies in the purpose of each case. The criminal system is designed to punish people who break the law, while the civil system is designed to help people recover for the harm and losses they have suffered.
The Criminal Justice System: Seeking Punishment
When most people think of a court case, they picture the criminal justice system. This is the path where the government, on behalf of the people, takes legal action against an individual for committing a crime.
- Who is in charge? The case is brought by a prosecutor or District Attorney (D.A.), not the survivor. The government files charges, and the case is titled something like "The People of the State of California v. John Smith." The survivor acts as a critical witness but does not control the decisions made in the case.
- What is the goal? The primary goal is punishment. If the person accused (the defendant) is found guilty, the consequences can include jail or prison time, fines paid to the state, probation, and mandatory registration as a sex offender.
- What is the standard of proof? The standard is "beyond a reasonable doubt." This is the highest legal standard. It means the prosecutor must present evidence so convincing that there is no other logical explanation for the facts, except that the defendant committed the crime.
A criminal case focuses on proving a crime occurred according to a specific law, with the end result being a penalty intended to protect society and punish the offender.
The Civil Justice System: Seeking Accountability and Compensation
A civil case, often called a lawsuit, is a completely separate action. It is a legal dispute between two or more private parties. In this situation, a survivor of sexual assault can file a lawsuit to hold the perpetrator and/or a responsible institution accountable.
- Who is in charge? The survivor, known as the "plaintiff," is in charge. With the guidance of their attorney, the survivor decides whether to file the lawsuit, who to sue, and whether to accept a sexual assault settlement offer or go to trial. The case is titled something like "Jane Doe v. John Smith."
- What is the goal? The primary goal is to obtain compensation, called "damages," for the harm the survivor experienced. This is about recognizing the physical, emotional, and financial costs of the assault and providing resources for healing.
- What is the standard of proof? The standard is a "preponderance of the evidence." This is a much lower standard than in criminal court. It means the plaintiff must show that it is more likely than not (even just 50.1% likely) that the defendant is responsible for their harm.
This lower burden of proof is a critical reason why a survivor might win a civil lawsuit even if the abuser was found "not guilty" or was never charged in a criminal case.
Can You Pursue Both a Criminal and a Civil Case?
Yes, you can. The criminal and civil justice systems operate independently. A criminal investigation can proceed at the same time as a civil lawsuit. The outcome of one does not legally dictate the outcome of the other.
For example, a prosecutor might decide not to file criminal charges due to a lack of evidence to meet the "beyond a reasonable doubt" standard. However, a survivor can still move forward with a civil lawsuit, where the "preponderance of the evidence" standard is easier to meet. Testimonies and other evidence can be presented in both courts.
Many survivors find that pursuing a civil case gives them a greater sense of control and a more direct way to seek a personal sense of justice. It allows their story to be heard and validated in a legal setting, focused entirely on the harm they endured.
What Can a Sexual Assault Lawsuit Accomplish?
A civil lawsuit is about much more than money. While financial compensation is a key part of the process, the lawsuit can provide a powerful platform for accountability and can even spur important changes to protect others in the future.
Financial Compensation for Your Recovery
The harm caused by sexual assault goes far beyond the physical act. The trauma can affect every area of a person's life for years. A civil lawsuit seeks to provide the financial resources needed to address this harm. Damages can cover:
- Medical and Therapy Costs: This includes payment for past and future counseling, therapy, psychiatric care, and any other medical treatments related to the assault.
- Lost Income and Future Earnings: If the trauma impacted your ability to work or advance in your career, you may be compensated for lost wages and diminished earning capacity.
- Pain and Suffering: This legal term refers to compensation for the profound emotional and psychological distress caused by the assault, including fear, anxiety, depression, and post-traumatic stress disorder (PTSD). According to the American Psychiatric Association, trauma can have long-lasting effects that require dedicated care.
- Punitive Damages: In some cases, a court may award punitive damages. These are not meant to compensate the survivor but to punish the wrongdoer for particularly malicious or reckless behavior and to deter similar conduct in the future.
A Powerful Form of Justice and Accountability
For many survivors, the most important outcome of a civil lawsuit is the sense of justice that comes from holding the abuser accountable in a court of law. It is an opportunity to stand up, tell your story, and have a judge or jury validate your experience by finding the perpetrator legally responsible for their actions. This process can be an empowering part of the healing journey.
Driving Institutional Change
When a lawsuit is brought against an institution—like a school, a church, a youth organization, or a company—it can force that organization to confront its failures. A successful lawsuit can lead to new policies, better training, and improved safety protocols that can protect countless others from experiencing similar harm. Your courage can become a catalyst for creating safer environments for an entire community.
Who Can Be Held Responsible in a Civil Lawsuit?
While the individual who committed the assault is the primary defendant, they are often not the only party who can be held responsible. The law recognizes that certain organizations and institutions have a duty to keep people safe. When they fail to do so, they can be held liable for their negligence.
Potential defendants in a sexual assault lawsuit can include:
- The Individual Abuser: The person who committed the assault can be sued directly for their actions.
- Institutions: Schools, universities, religious organizations, hospitals, and youth groups can be held liable if they knew or should have known about the abuse (or the risk of it) and failed to take reasonable steps to prevent it. This could include negligent hiring, inadequate supervision, or failing to act on prior complaints.
- Employers: A company can be held responsible for an assault committed by an employee, especially if the employer failed to conduct proper background checks or ignored warning signs of dangerous behavior.
- Property Owners: Owners of apartment buildings, hotels, or commercial properties near places like Pershing Square in Los Angeles have a duty to provide reasonable security measures, such as proper lighting, secure locks, and security personnel. If they fail, and an assault occurs on their property, they may be held liable.
Holding these third parties accountable is often the most effective way to secure the resources needed for recovery and to ensure that meaningful changes are made to prevent future abuse.
Your Privacy and Control During the Process
One of the biggest concerns for survivors considering legal action is privacy. The thought of your name and story becoming public can be a significant barrier. Fortunately, the legal system has protections in place to safeguard your identity.
In many states, survivors of sexual assault have the right to file a lawsuit using a pseudonym, such as "Jane Doe" or "John Doe." This allows you to proceed with the case without your name appearing in public court documents. For example, California Penal Code § 293.5 provides a mechanism for keeping a survivor’s name confidential throughout the legal proceedings.
An attorney can help you file the necessary motions with the court to protect your identity. This puts you in control of who knows about your case, allowing you to focus on the legal process without the added stress of public exposure.
Understanding Statutes of Limitations for Sexual Assault
A “statute of limitations” is a legal deadline for filing a lawsuit. These laws vary significantly from state to state and can be extremely complicated, especially in cases of sexual assault. For many years, short deadlines prevented many adult survivors of childhood sexual abuse from ever seeking justice without the guidance of a child sexual abuse lawyer.
However, recognizing this injustice, many states have recently changed their laws. States like California, New York, and New Jersey have created "lookback windows" or extended their statutes of limitations. These crucial legislative changes, such as New York's Adult Survivors Act, have temporarily opened the door for survivors to file lawsuits for abuse that happened decades ago.
Because these laws are complex and constantly evolving, it is essential to discuss the specific details of your situation with an attorney who understands this area of law. They can help you determine the specific deadline that applies to your case.
Suing for Sexual Assault FAQs
Here are answers to some common questions survivors have when considering a civil lawsuit for sexual assault.
What if there is no physical evidence or police report?
You can still file a successful civil lawsuit without a police report or physical evidence like a rape kit. In civil court, your testimony is powerful evidence. Understanding reporting laws in sexual assault cases can also help explain why many survivors do not come forward immediately, and why other forms of evidence—such as emails, text messages, journal entries, and testimony from friends or family members you confided in—can be used to build a strong case and meet the “preponderance of the evidence” standard.
How much does it cost to hire a lawyer for a sexual assault case?
Most attorneys who represent survivors of sexual abuse work on a contingency fee basis. This means you do not pay any legal fees upfront. The attorney’s fee is a percentage of the financial recovery they obtain for you, whether through a settlement or a court verdict. If you do not win your case, you do not owe any legal fees.
Will I have to face my abuser in court?
Many civil cases are resolved through a settlement before they ever reach a trial, which means you may not have to testify in a courtroom. If your case does proceed to trial, you will have to provide testimony. However, your legal team will thoroughly prepare you for every step, and measures can often be taken to make the experience as safe and manageable as possible.
What if the criminal case was dropped or the person was found not guilty?
You can still file and win a civil lawsuit even if the criminal case was unsuccessful. The O.J. Simpson case is a famous example: he was found not guilty in criminal court but was later found liable for wrongful death in civil court. This is possible because the burden of proof is much lower in a civil case.
Can I sue if the assault happened a long time ago?
It depends on the laws in your state. As mentioned, many states have extended the time limits for filing sexual assault lawsuits, particularly for survivors of childhood abuse. It is very important to speak with an attorney to find out if your claim falls within a current or recently opened window for filing.
Fight for Survivors: Find Your Voice. Seek Accountability.
Taking the step to explore your legal options is a profound act of self-advocacy and strength. You deserve to understand your rights and have a dedicated advocate by your side. A civil lawsuit can provide a path toward holding wrongdoers accountable and securing the resources you need for your future.
At Fight for Survivors, a division of Greenberg Gross, LLP, our team is committed to providing compassionate and determined legal representation for survivors of sexual abuse. We understand the sensitivity of these cases and are prepared to stand with you and fight for the justice you deserve. We take cases on a contingency fee basis, so you pay nothing unless we win for you.
If you are ready to learn more about your options, we invite you to contact us at (833) 55-FIGHT or through our online form for a free, confidential, and compassionate consultation. Let us help you take the next step.