Can I File a Civil Sex Abuse Claim Even If No Criminal Charges Were Filed?

Sexual abuse is a crime, and the criminal case is only one of two possible paths.

Survivors who want accountability can pursue a civil claim, which is a separate proceeding with a different purpose and a different standard of proof. The criminal path is out of your control. However, with the support of an experienced Charleston sexual abuse lawyer, you can pursue a civil complaint against the assailant and the organization that hired them.

Can you file a civil sex abuse claim even if no criminal charges were filed?

Yes, you can. It will help you understand the full scope of what to expect with both options in your pursuit of justice.

The Difference Between Civil and Criminal Cases

Some survivors of sexual abuse or assault just want to put the matter behind them.

That’s understandable. However, for those who want to push forward, there will be two tracks to follow. Here’s what you need to know about those paths:

Who files the case:

When you report an incident of sexual abuse to the authorities, it will be assigned to detectives who will investigate the claim, collect evidence, and arrest the suspect. It will then be the responsibility of the prosecuting attorney in the jurisdiction where the assault took place. In Charleston, that responsibility falls under the purview of the Office of the Kanawha County Prosecuting Attorney.

A civil complaint will be filed directly by the survivor and their legal representative.

Once filed, the survivor is designated as the plaintiff.

Primary Purpose

The primary purpose of the criminal pursuit is to punish the offender, deter future crimes, and protect society. With a civil complaint, the survivor can seek compensation for pain and suffering, as well as financial or emotional damages.

Burden of Proof

As you’re probably aware, to obtain a criminal conviction, the prosecutor needs to prove their case beyond a reasonable doubt. That is the highest and most difficult standard in the law. A civil lawsuit only has to be proven by a preponderance of the evidence.

That means it must be proven that the abuse was more likely than not to have occurred.

Potential Outcomes

If successful, the prosecution can lead to a prison sentence, probation, fines, and mandatory sex offender registration for the defendant. The outcome of the civil lawsuit can be financial awards and settlements. It can also mean that the institution might have to change how it operates to prevent future occurrences.

Why Criminal Charges Might Not Be Filed

There can be many complications to seeing criminal charges levied against a sexual assault assailant. For instance, if the abuser dies before they can be brought to trial, they can’t be prosecuted. However, their estate can still be named in a civil lawsuit.

Prosecutors generally bring charges only when they believe the evidence can meet a “beyond a reasonable doubt” standard at trial. If there is a question about evidence or consent, they might decline to bring charges. It is important to note that criminal charges are not required to file a civil claim.

Holding Institutions Accountable for Lack of Oversight

It might be hard to understand why an institution would be held liable for a sexual assault that a single individual carried out. The reason to consider a civil lawsuit comes down to a matter of neglect.

Schools, churches, youth groups, and hospitals can be held accountable, though not usually for the assault itself. However, they can be held responsible for their own failures that allowed the assault to happen. The attorneys at Hendrickson & Long, PLLC, have helped many survivors seek a remedy from the institutions found partially responsible for the incident.

This is what negligent oversight looks like:

Failure to Protect: An institution has a legal duty of care. If they overlook red flags, fail to conduct adequate employee screening, or ignore complaints, they may be held liable for what happened.

Aiding, Abetting, or Concealing: West Virginia courts consider an institution liable for an assault if it aided, abetted, or concealed its employee’s actions. For instance, in some abuse cases involving clergy, the church moved the accused to a different parish in an attempt to cover up what happened. That would be considered negligence.

How an Attorney Helps Survivors Navigate the Civil Process

If you or someone you care about is a survivor of sexual abuse, a criminal case is not the only avenue. For many survivors, there was never a criminal case at all. You might be able to hold those institutions that hired the abuser accountable for their actions or lack of action.

The attorneys at Hendrickson & Long, PLLC can provide the guidance you need to understand your options for moving forward with this type of complaint. There may be situations in which the assailant is the only one who can be held accountable.

We’re always honest with our clients and want them to know all the potential challenges.

That includes the possibility of testifying in court about the incident. If it comes to that, we’ll do everything within our power to maintain confidentiality and avoid re-traumatizing the survivor.

There will be many questions about this type of case, and the best way to get answers is to schedule a free consultation with our legal team.

This can be the first step in what’s likely to be a lifelong process of taking back control.