Civil Case VS Criminal Case: What you need to know

Today, we’re exploring an important topic for survivors of sexual abuse; understanding the differences between civil and criminal cases. We’re going to discuss how each type of legal action is initiated, the role the Survivor plays in each legal context and the varying statutes of limitations that may impact individual’s rights and options. This information is vital for any Survivor thinking about how to pursue Justice and future harm prevention within the legal systems.

So first, let’s define the two types of legal actions. Criminal cases are brought by the State against the accused perpetrator with the aim of penalizing the offender and stopping their harm through jail time, fines or other penalty. On the other hand, civil cases are initiated by an individual, typically the Survivor, and aim to recover monetary damages from the perpetrator or a negligent third party for the harm they suffered. Both pathways seek to hold offenders accountable but they serve different legal purposes and have distinct roles and impacts on the Survivor.

To initiate a criminal investigation, the Survivor typically reports the abuse to police, the case is then investigated by law enforcement based on applicable laws and available resources to investigate. Law enforcement that focuses on the prosecution of gender-based violence offenses are often overwhelmed and understaffed which can create a backlog of of cases and an inability to investigate all allegations thoroughly given their needs prioritize the worst offenses and offenders. This is an unfortunate reality of the criminal legal system but we still encourage survivors to report so that they at least know they created a paper trail to potentially prevent future harm and did everything they could within the limited criminal justice system.

In the criminal legal process, the investigation is then evaluated by a state process prosecutor who decides whether there is enough evidence to pursue criminal charges. The survivor’s role is primarily a witness within the proceeding and they are not typically actively involved once charges are filed beyond providing testimony. In criminal cases, the survivors role is somewhat passive, they may testify but the case is largely in the hands of the prosecution. They cannot control the outcomes of a criminal proceeding including any plea deals the offender may be offered. We think it’s really important for survivors to understand this as they go into the criminal legal process.

On the other hand, to begin a civil case, the Survivor usually through an attorney files a lawsuit directly against the perpetrator or responsible third party. Here, the Survivor is a party to the case and has more control over the proceedings. They along side their lawyer are actively involved in the entire case. In civil cases, survivors have this more active role, they can steer the direction of the case, decide settlement matters and are more involved in the overall legal strategy alongside their lawyer. But it’s important to remember that the outcome of a civil case is monetary damages if you win, but if the individual you’re filing a suit against does not have significant funds to their name or estate, suing them and winning monetary damages you cannot collect often does not make emotional or financial sense for survivors of abuse.

The ability to file a report with law enforcement or pursue a civil case is dependent on the statute of limitations. The statute of limitations are a set of laws that differ widely between each state and between civil and criminal cases but it determines how long someone has to report to law enforcement and a crime be prosecuted or pursue a civil case and in general criminal actions have longer statutes than civil ones, but this is why it’s crucial for survivors to consult with legal counsel as early as possible to help them effectively navigate these timelines and preserve their rights under both types of law.

Understanding the distinction between civil and criminal cases and knowing your rights and options within each is crucial for survivors of sexual abuse. If you have questions regarding your legal rights and options, you can reach out to us at Helping Survivors and we can guide you towards the next best step for you on your healing journey.