Sexual abuse survivors have two avenues for seeking justice because of the physical and emotional trauma they suffer. Typically, as a survivor, you can report the case to law enforcement or file a civil lawsuit to seek reimbursement for all the losses stemming from the crime. When a criminal case is filed and a defendant is convicted, many survivors proceed to file civil lawsuits for the same violation.

Unfortunately, the criminal justice system fails when abusers evade criminal punishment. Lodging a sexual abuse civil suit against your abuser can help you seek justice, despite the criminal court failing you. Reimbursement will not restore you to your original position before the abuse, but it will hold the abuser and any other third party liable for their actions. Discussed are the differences between criminal and civil cases and how to seek compensation in the absence of a conviction.

Criminal vs. Civil Sexual Abuse

Whenever the issue of sexual abuse arises, most of the focus is on the criminal case. The state, public, and survivors want the abuser charged, and if the case is proven beyond a reasonable doubt, convicted. When an abuser is acquitted, the survivor feels that they have been denied justice and that the abuser will never be punished for their wrongdoing. However, the truth is that the absence of a criminal conviction is not the end of justice for the survivor. You still have the civil lawsuit option, where you can sue the perpetrator of the crime to recover financial compensation.

You can pursue a civil case even without a conviction because criminal and civil cases are two separate legal proceedings with different requirements and goals. The main differences between a civil and criminal sexual abuse case are:

Criminal Cases are Filed By the Prosecutor and Focus on Punishing the Offender

In a criminal case, the prosecutor files the sexual abuse charges against the abuser on behalf of the state and the people. This happens after you report the incident to law enforcement, which investigates to gather evidence of the alleged offense. Even if you, the survivor, report the case, it is the prosecutor who decides the type of charge and whether to offer a plea bargain.

After investigations, the police prepare a file and send it to the prosecutor for review. Based on the evidence presented, the prosecutor can file formal charges or return the file to the authorities for further investigations. Therefore, even if you report the case, if the investigations are not done correctly, the prosecutor can decline to file formal charges, enabling the abuser to evade justice. Nevertheless, reporting the incident creates a paper trail that could strengthen your civil suit.

When charges are filed, the prosecutor proves the elements of sexual abuse to find the abuser guilty. If the prosecutor is convicted, they face severe penalties depending on the charge preferred by the prosecution.

If the offense is committed against a child younger than twelve and the perpetrator is above 18, the abuser faces capital felony charges whose conviction attracts a death penalty or life imprisonment without parole.

If the survivor is younger than 12 and the abuser is below eighteen, the charge is a life felony whose conviction is punishable by thirty years to life incarceration.

When the survivor is 12 or older, sexual abuse is charged as a second-degree felony, whose conviction attracts no more than 15 years of imprisonment.

 Offenses involving victims above 12 and the use of force, coercion, or threats are filed as first-degree felonies. When convicted, a defendant faces no more than 30 years of incarceration. 

Additionally, a conviction comes with an additional requirement for the offender to register as a sexual offender.

With the severe penalties at stake, the law requires prosecutors to prove all the elements of the crime beyond a reasonable doubt. This is the highest evidentiary standard in the justice system, designed to ensure that only guilty persons are convicted. The evidence standard can sometimes disadvantage survivors of sexual battery because defendants can be found innocent or charges dropped, even when it is evident that the sexual abuse happened.

Defendants have the right to legal representation and to defend against the charges. So, if the defense attorney puts up a spirited fight and pokes holes in the prosecutor’s evidence, the court can drop the charges, dismiss the case, or find the defendant not guilty. Some of the reasons prosecutors drop charges include:

  • Lack of physical proof
  • The survivor reported the case after the statute of limitations or other legal deadlines had expired.
  • Reluctant or uncooperative witnesses
  • Coercion of the survivor or witnesses by the abuser

When a prosecutor drops a charge, or the court dismisses a case, it does not mean that the survivor did not suffer the alleged harm. It means that the available evidence does not meet the evidentiary standards for a criminal case.

Survivors File Civil Lawsuits, and the Goal is to Pursue Financial Compensation

In contrast, a civil lawsuit is usually between the plaintiff, who is the survivor, and the defendant, who is the abuser. Instead of the prosecutor suing on behalf of the state, it is the survivor who files a claim with the help of a sexual abuse injury attorney. The survivor has complete control in the case and makes major decisions, including whether to accept a settlement or reject it and proceed with a lawsuit in a civil court.

The goal of filing the claim or lawsuit against the abuser or defendant is not to punish. The goal is to hold the defendant accountable for their actions and obtain damages for the harm caused. Sexual abuse attorneys typically encourage survivors to file claims against third parties, such as employing organizations or institutions, because these have the deep pockets to compensate for your losses, unlike when you sue an individual. The perpetrator might not be wealthy enough to compensate you for all the losses.

Before receiving compensation, your attorney must demonstrate with a preponderance of the evidence that the abuser sexually assaulted you. This is a lower evidentiary standard than in criminal cases. Your attorney is only required to demonstrate that it is more likely than not that the alleged sexual abuse occurred, resulting in your losses or damages. The low evidentiary standard explains why a criminal court can find a defendant not guilty or drop the charges. Still, a civil court, under the same circumstances, can find them liable for the conduct that led to the survivor’s harm. 

When you successfully prove all the elements of the case, the abuser does not risk jail or prison time. Instead, the court orders them to pay you financial damages. The recoverable damages include:

  • Emotional distress
  • Loss of consortium, if you could not return to work after the abuse
  • Medical expenses relating to therapy and costs incurred for treating health issues related to the abuse.
  • Physical pain and mental anguish
  • Loss of future earning capacity
  • Psychological harm
  • Survivors' action or wrongful death if the victim succumbed to the abuser’s conduct
  • Loss of consortium if the abuse led to loss of companionship, intimacy, or moral support from a registered domestic partner or spouse.

Additionally, you can pursue punitive damages if the abuser or defendant acted with malice, fraud, or oppression. Punitive damages do not seek to compensate you for the losses. 

Reasons Claimants Can Sue Even in the Absence of a Criminal Conviction

There is a common misconception among sexual abuse survivors that their search for justice and accountability ends when the prosecutor declines to charge the abuser formally, files the charges but later drops them, or the court acquits the defendant in a criminal trial.

However, the truth is that there is still a pathway to reimbursement because the two court processes are separate, and the evidentiary standard in civil cases is much lower than in criminal cases.

1. Separate Justice Systems

The sexual abuse charge in the criminal court is independent from the civil suit and happens in a separate court. What this means is that regardless of the outcome of the criminal case, you can still pursue financial damages from the abuser.

2. A Lower Burden of Proof

Another reason you can still seek compensation in a civil court for sexual abuse even after the criminal court or the prosecutor acquits the defendant is that the civil court requires the claimant or the personal injury attorney to show that it is more likely than unlikely that the defendant committed the abuse. You can use evidence that was deemed by the criminal court to be insufficient to prove the abuser is liable because of the broader discovery rules. The evidence that the criminal court can dismiss as weak but is considered solid proof in a civil suit is:

  • Your word or testimony against that of the defendant
  • Patterns of concerning behavior by the abuser based on witness testimony
  • Evidence of negligence by the institution employing the abuser, especially if you reported the sexual assault to the organization and no action was taken.
  • Expert testimony on the type of harm you sustained from the sexual abuse
  • Digital evidence of communication between you and the abuser
  • Admits evidence even from cases where the victims delayed reporting

With this evidence, which would not have been sufficient to convict the defendant in court, you can show the court that your story is more credible or believable than that of the accused.

Filing a Lawsuit Against an Institution or Third Party

Many insurance companies will not cover damages from a sexual assault case because these are not intentional acts. If you cannot sue the defendant’s insurer, it means you must go after their assets to recover the financial damages stemming from the abuse. Unfortunately, many abusers have limited resources; hence, there is no need for suing them. Instead, you can go after their employer, but you must prove they were liable for what happened to you. You can assert that:

  • The institution was negligent when hiring and did not conduct background checks on the alleged abuser.
  • You reported the abuse, but the organization did not respond
  • The institution failed to investigate the allegations
  • The institution tried to cover up the abuse
  • The institution did not provide adequate training
  • The institution retained the abuser even after there were clear signs of abuse
  • The facility failed to implement policies on preventing sexual assault
  • The institution did not provide security for clients or workers

An institution or employer is liable for sexual abuse if it knew or ought to have known the abuser was engaging in sexual misconduct.

Sexual Abuse Statute of Limitations

The duration you can wait before filing a civil claim depends on the age of the survivor when the abuse happened. The legal timeline for filing a claim for sex abuse survivors is longer to allow for filing even if the court acquits the abuser or no formal criminal charges have been filed. The law recognizes that survivors need additional time to report because of the trauma that sometimes takes years to recover from, fear of retaliation, manipulation by the abuser, shame, or self-blame. Understanding the legal timeline is crucial in retaining your right to hold the abuser accountable because if the timeline lapses without lodging a claim, you relinquish the right to do so.

In Florida, you, a survivor, have up to 48 months from the date of abuse to file a claim if the sexual assault happened when you were an adult.

If you were younger than 16 during the assault, the law does not place a timeline for lodging a claim. However, this rule took effect in 2010, and it applies to claims that were valid when it was passed.

If you were 16 or 17 when the crime happened, you can wait until you turn 25 to submit a claim. Alternatively, you can lodge a claim 48 months after leaving the abuser’s care or 48 months after you realized the conduct by the abuser amounted to sexual abuse.

Find a Competent Sexual Abuse Injury Attorney Near Me

The acquittal of an offender in a sexual abuse case should not discourage you from seeking justice. The criminal pathway was established to punish defendants. In contrast, the civil pathway was intended to help sexual abuse survivors hold those responsible accountable, even when the court fails to do so, and obtain financial damages.

If you have survived sexual battery, a failed criminal case should not make you hopeless. With the help of a seasoned attorney, you can file a strong claim for a fair settlement or to win a lawsuit in court.

At the Jacksonville Personal Injury Attorney, we understand the nuances of civil lawsuits and will guide you through for fair compensation. Call us today at 904-800-7557 for a free consultation.