How Civil Claims for Sexual Abuse Differ from Criminal Cases

Victims of a sexual assault have the right to hold the people who commit these atrocious deeds accountable. In some cases, people in a position of authority over the wrongdoers, such as an employer, may be also be accountable if they were aware of the person’s misconduct and did nothing to stop it.

Accountability takes two forms. The first is a criminal action against the person who committed the sexual assault. The second is a civil case against the person who committed assault, and any other responsible people or organizations.

In many sexual assault cases, the case often comes down to the victim’s words against those of the wrongdoers. There are steps the victim can take to help verify their case and confirm their credibility. These steps include:

• Getting a physical examination at an emergency room or by a family doctor as soon as possible. The doctor, nurses, and others can confirm any physical scars, cuts, and abrasions. The physicians can confirm how upset you are when they see you. They can also confirm that you spoke with them about being sexually assaulted. If you’ve been assaulted, you shouldn’t try to clean yourself up. The ER staff should see you exactly as you looked at the scene of the assault. You should be screened for pregnancy and any sexually transmitted diseases. The ER staff will collect any DNA evidence such as hairs, saliva, and semen.
• Report the assault to the police. Generally, if you go to the ER, the ER will call the police for you. Informing the police about the assault helps verify that you were terrified and horrified at what happened. Police stations should be trained to have professionals who understand sexual assault cases speak with you about the attack or offense.
• Ask the hospital staff about any support groups that can help you. You shouldn’t suffer on your own. There are caring people who can help you.

If a child was sexually assaulted, then the parents first need to give their child an opportunity to speak with them about the assault. The parents should then proceed to take the child to the ER or their family doctor.

Civil cases versus criminal cases.
There are deadlines for filing a civil claim depending on whether your claim is based on any specific statute or whether you are making a general personal injury claim. In Tennessee, if you are an adult victim, you generally have one year to make a claim. Childhood victims of assault have three years from the date of the attack, or three years from the child’s 18^th birthday. Even though the criminal case usually proceeds first, it is important to speak with a civil attorney as soon as possible to make sure you file your case in time.

The civil attorney will also explain how the civil claims and criminal cases are similar and how they are different:

• The standard of proof is different. In a criminal case, the wrongdoer/defendant must be found guilty beyond any reasonable doubt. In civil cases, the standard of proof is that the wrongdoer must be liable by a preponderance of the evidence.
• The timing of the cases. The criminal case usually ends up being tried first, but not always.
• The evidence. The evidence used in the criminal case is usually the same evidence that is used in the civil case. Additionally, in civil cases, there is usually a much broader opportunity to question the wrongdoer and any possible witnesses through the discovery process.
• Medical reports and testimony. In both criminal and civil cases, any medical evidence including physical, sexual, and emotional evidence will be presented.
• Constitutional rights. The Fifth Amendment right not to incriminate oneself applies to criminal cases but, with some exceptions, does not apply in civil cases.

The civil attorney may be able to use the criminal conviction in the civil sexual assault case, but even if a jury finds someone not guilty, it doesn’t mean your civil claim has no chance. After all, a jury found O.J. Simpson not guilty of a crime, but a civil jury found him accountable, and awarded the plaintiffs about $25 million. So, if the criminal case does go in favor of the defendant, you can still seek justice.

At Bailey & Greer, PLLC, we understand how traumatic and terrifying sexual assaults are. Our lawyers work with professionals who are trained to speak with and advise sexual assault victims while we prepare your case. We especially understand that you will likely have long-term psychological scars in addition to any physical scars.

Please call 901-680-9777 or use our contact form to speak with an experienced attorney in a safe, secure office. We represent sexual assault victims in Memphis, Jackson, and throughout West Tennessee.