How Do Civil Sexual Abuse Cases Differ From Criminal Investigations?

According to the Centers for Disease Control and Prevention (CDC), 1 in 5 women and 1 in 31 men experience completed or attempted rape in their lifetimes. Every one of those survivors reacts to the trauma of that abuse in different ways. Some want to forget it happened and desperately move on. Others have post-traumatic stress disorder (PTSD) that requires ongoing therapy to help develop coping mechanisms.

What all survivors share in common is a desire for accountability.

When a sexual abuse crime is committed, the survivors of that crime have two options to pursue for accountability. One path is out of their control, but the other puts them in charge of pursuing justice and compensation. This is the core difference between a criminal case and a civil complaint.

Bottom line: The criminal case for sexual abuse will be prosecuted by the Kanawha County Prosecuting Attorney’s Office. A civil complaint can be filed by you and your Charleston sexual abuse attorney.

Defining the Divergent Goals of Civil and Criminal Proceedings

The purpose of a criminal case that is prosecuted by the state is to punish the offender by sending them to jail and compelling them to register as a sex offender. The survivor files a civil lawsuit to seek financial compensation and hold an institution or organization accountable.

Control is also a factor. The prosecutor will ultimately decide whether to file criminal charges against the assailant. That will only happen if the prosecutor is confident they can obtain a conviction from a jury. Although the survivors may want to see their assailant behind bars, they have no choice in the matter.

With a civil case, the survivor hires their own lawyer and controls all major decisions. Ultimately, the survivor will decide whether to settle with the liable parties or go to trial. A civil lawsuit can move forward even if criminal charges are never filed, if the charges are dismissed, or if the defendant is found not guilty in a criminal trial.

The statute of limitations also matters. In West Virginia, adults generally have two years from the date of the sexual abuse incident to file a civil lawsuit. Under West Virginia Code §55-2-15(a), claims against a perpetrator for childhood sexual assault or sexual abuse generally must be brought within 18 years after reaching the age of majority, or within four years after discovery of the assault or abuse, whichever is longer. The statute separately provides that claims against a person or entity that aided, abetted, or concealed the assault or abuse must be brought within 18 years after reaching the age of majority. Different deadlines may apply to other claims.

Understanding the Preponderance of Evidence Standard in Civil Courts

A jury determines the outcome of a civil lawsuit and a criminal case, but in different courts. Those juries also receive different instructions on how to reach a verdict.

In a criminal case, the defendant has to be found guilty beyond a reasonable doubt. That means the evidence presented to the jury is so strong that a rational, ordinary person has no sensible reason to doubt the defendant committed the crime.

In a civil case, the standard for a guilty verdict is a preponderance of evidence. That means the claim is more likely than not true, again based on the evidence.

In a civil case, the burden of proof is on the plaintiff or survivor of the assault. In a criminal case, the assailant is presumed innocent, so the prosecutor bears the burden of proof.

How Discovery Processes Differ Between Law Enforcement and Litigators

Once you take a case into a courtroom, you operate under a specific set of laws, but criminal and civil cases follow different rules. With a criminal case, the accused is presumed innocent. The prosecutor must disclose their evidence to the defendant and their attorney.

That means the prosecution must share police reports, lab results, and evidence that might prove the defendant is innocent. This is called exculpatory evidence. However, the defense does not have to share what their independent investigation reveals. In a civil case, both sides have an equal right to demand documents and answers.

The criminal discovery phase relies heavily on police reports, expert lab analysis such as DNA or fingerprints, recorded statements, and witness lists gathered during the police investigation.

Civil discovery relies on evidence that an attorney manages. That evidence can include the following:

• Interrogatories: Written questions that must be answered under oath.
• Depositions: Out-of-court, court-reported sessions where witnesses or parties testify live under oath.
• Requests for Admission: Formal statements asking the other side to admit or deny specific facts to save time.

Working with an experienced attorney is crucial to achieving a positive outcome in a case like this.

Seeking Accountability Against Third Parties and Institutions

With a sexual abuse crime, it might seem that the only person to be held accountable is the actual assailant. While charging that assailant is vital for justice, accountability doesn’t stop there. You need to consider the circumstances that led to the attack. Could it have been prevented? That is when you need to look into hiring practices, security, and the surrounding environment.

When investigating negligence, you can consider the following:

Institutions

• Schools
• Universities
• Churches
• Religious groups
• Healthcare facilities
• Youth organizations

Third Parties

• Property owners
• Security companies
• Event venues
• Transportation providers

This is where the guidance of a knowledgeable attorney becomes crucial. The legal team at Hendrickson & Long, PLLC has helped many survivors hold institutions and third parties accountable. Filing suit against those organizations can lead to a settlement that can cover the cost of ongoing therapy and lost wages. It can also compel those organizations to change their approach to prevent this type of crime from happening again.

If you’ve survived sexual abuse, you’re entitled to seek compensation from those who contributed to the assault. Call today to set up a free consultation. You can share what happened in a confidential and safe space. We can help you decide whether to pursue a claim. You’ll feel better with the right answers.