Sexual Abuse: What Is the Difference Between a Civil Lawsuit and a Criminal Lawsuit?
Civil Lawsuit and a Criminal Lawsuit Differences
The civil and criminal justice systems serve different purposes and offer different outcomes for survivors of child sexual abuse. In the United States, survivors may have two separate legal paths available after abuse has occurred.
- Criminal cases are brought by the government to punish conduct considered a crime against society or the state. These cases focus on prosecution and penalties such as jail time, probation, or fines.
- Civil cases allow survivors to seek accountability and justice for the harm they suffered, including holding individuals or institutions responsible for enabling or covering up abuse.
Although the harm is done to the survivor, only federal or state prosecutors can initiate a criminal case. A civil lawsuit is initiated by the survivor (or their representative like Jeff Anderson & Associates) against the individual or organization responsible for the abuse.
While civil and criminal cases are legally separate, they can exist at the same time and may involve overlapping facts. Speaking with an experienced attorney can help survivors understand which legal options may be available and which path might work best for them.
Can I Pursue a Civil Lawsuit if My Perpetrator is Dead?
Yes, in many cases, you can typically file a civil lawsuit, even if the perpetrator is deceased. However, to have confidence in what your legal options are, it’s best to speak with an attorney. Civil laws regarding child sexual abuse do more than hold the perpetrator accountable. Civil laws also hold guilty institutions who covered-up abuse and put additional children at risk accountable.
By coming forward through the civil justice system, survivors may:
- Expose any wrongdoings of institutions.
- Help prevent any future sexual abuse.
- Show that other survivors are not alone.
- Seek compensation and justice for the lifelong harm and trauma caused by abuse.
Your coming forward in a civil case may also empower a child currently being abused to speak up. So, yes, you can file a lawsuit against the organization that covered-up the crimes of sexual predators even if the predator is dead.
If you are a survivor of child sexual abuse, contact us to explore your legal options.
Can I Pursue a Criminal Lawsuit if My Perpetrator is Dead?
Unfortunately, since we cannot put a dead person in jail, our criminal justice system has no remedy when the perpetrator is dead. However, this does not mean survivors have no legal options. While criminal court may no longer be available, civil court may still provide a path to accountability, especially when institutions played a role in allowing abuse to occur.
We recommend speaking to an attorney to discuss civil court options that may be available. If the perpetrator is dead you can still make a big impact on institutions that potentially cover up sexual abuse. Reach out for a confidential, commitment-free conversation today.
Which Kind of Sexual Abuse Lawsuit is Better? Criminal or Civil?
Both civil cases and criminal cases are important for different reasons.
- Civil cases can uncover cover-ups, expose systemic abuse, and provide survivors with compensation and accountability
- Criminal cases can remove offenders from society through incarceration
A criminal case by itself can’t fully address institutional failures or long-term harm, which is why civil cases play such an important role for survivors. Survivors can pursue either option, depending on their circumstances, timelines, and personal justice goals.
Our attorneys and survivor advocates have decades of experience supporting survivors navigate their legal options.
Do Civil and Criminal Sexual Abuse Cases Go to Trial?
It depends on the specific circumstances of the case. Trial is always a possibility until a case reaches settlement, however the vast majority of civil cases are settled before a trial occurs.
In a criminal lawsuit, a state’s attorney’s office prosecutes the accused with the aim of imposing penalties such as jail time, probation, or fines. The criminal court process begins with the government and seeks to address violations of criminal law. A trial in a criminal case determines the guilt or innocence of the perpetrator, and if found guilty, the court will sentence accordingly.
A civil lawsuit is often initiated by victims seeking justice, even in situations where the perpetrator may be deceased or otherwise not present. These cases are handled in civil court, focusing not on criminal responsibility but on resolving grievances and securing remedies like compensation or injunctions. When parties cannot reach an agreement, a trial date is set, leading to a court date where evidence and arguments are presented before a jury. This process highlights the role of civil cases in providing a platform for individuals to file claims and pursue accountability, emphasizing the pursuit of justice through civil legal avenues.
Contact us for a free confidential conversation about how we can hold perpetrators and institutions accountable, and create a safer world for children now and in the future.
FAQs About Civil Lawsuits and Criminal Lawsuits
What is the main difference between a civil and criminal sexual abuse case?
A criminal case is brought by the government to punish the offender, while a civil case is brought by a survivor to seek accountability and compensation for the harm they suffered.
Can I file a civil lawsuit even if no criminal charges were filed?
Yes. A civil lawsuit is separate from the criminal justice system and can be sought even if criminal charges were never filed, dismissed, or resulted in a not-guilty verdict.
Do I need a lawyer to pursue a criminal sexual abuse case?
Technically, no. Criminal cases are handled by prosecutors. However, a civil attorney can help determine whether you also have the right to pursue a civil claim as well.
Can both a civil and criminal case happen at the same time?
Yes. Civil and criminal cases are legally separate and may proceed at the same time or independently of one another.
Which type of case gives survivors more control over the process?
Abuse survivors have more control over key decisions in a civil case, including whether to file, settle, or go to trial. In a criminal case, those decisions are made by the prosecutor.