Civil Law
One in Five Women
will be molested at some point in their lives.
Know your rights!
Definition
The victim can seek justice against their abuser and-or anyparty that is legally resonsible for the abuse.
Type of Punishment
Compensation owed to the victim from person or persons found accountable for pain, suffering and medical bills.
Burden of Proof
Must be found liable “more likely than not.”
The civil court system can help you even if the criminal justice system fails to hold your attacker accountable. Anyone who is responsible or helped enable the attach should be held financially resposible. If sexuual activity occourred without your consent, it is a crime. It is assault.
What happens in a Civil Suit
In civil lawsuits for child sexual abuse, the survivor and their family bring the suit against the perpetrator. A personal injury attorney represents the child and their family, not the state or a district attorney.
With regards to criminal vs. civil lawsuits, civil lawsuits focus more on the survivor, their needs, and damages, versus on punishing the alleged perpetrator. Their primary goal is to seek fair compensation for the survivor’s injuries and losses.
Most civil lawsuits settle out of court, which means the survivor’s lawyer will negotiate fair compensation with the defendant’s lawyer. If they are unable to reach an agreement, the case can go to trial before a judge and jury.
Compensation
A key advantage when it comes to criminal vs. civil lawsuits is that civil lawsuits allow the child’s attorney to seek the full amount of compensation the child will need to make the best possible recovery. Whereas a judge decides how much a survivor may be paid in a criminal lawsuit, a child sexual abuse lawyer can effectively argue for a survivor’s highest possible compensation in a civil lawsuit.
Most civil lawsuits settle out of court, which means the survivor’s lawyer will negotiate fair compensation with the defendant’s lawyer. If they are unable to reach an agreement, the case can go to trial before a judge and jury.
Burden of Proof
Another advantage of civil vs. criminal lawsuits is that the burden of proof is lower (easier to prove) in civil lawsuits. The burden of proof in civil lawsuits is the “preponderance of evidence.” This means that the alleged predator must need to be found “more likely than not” liable for the acts committed against the child. To give a visual of this, the scales of justice only need to tip slightly in favor of the survivor.
However, this does not promise a successful outcome each time. Your case outcome will largely depend on the skill, experience, and knowledge of the child molestation lawyer you choose to represent your family.