If you or someone you know is alleged to have committed sexual assault, one of the first things you should determine is whether the case will be tried in civil or criminal court. Criminal and civil sexual assault assault cases have their own procedures whose differences may affect not only potential consequences and outcomes of the case, but also how much control the alleged accuser has over the manner in which the case proceeds.
It’s important to remember, everyone involved in any court case has the right to a fair trial. Although the ultimate outcome is a decision for the judge or jury, and experienced attorney can help ensure your case is handled as fairly as possible.
Civil Sexual Assault Cases
A civil sexual assault case is handled by the accuser (usually as represented by their attorney), and this person has the right to decide the direction of the case, including evidence presented and damages asked for. The purpose of a civil case is to determine whether it is more likely than not that the defendant is liable for damages, and the accuser only needs to prove it is 51 percent or more likely that the defendant is the cause of the damage. In a civil case involving sexual assault, instead of suing for “sexual assault,” the accuser sues formally for charges such as Assault, Battery, Intentional Infliction of Emotional Distress, or False Imprisonment.
If a civil sexual assault trial results in confirmation of liability of the accused, he or she may have to pay the accuser and/or their family damages, including legal fees, compensation for medical expenses, psychological damage, damage to relationships, lost wages, and so on.
A sexual assault defendant can be tried in civil court by an accuser even if a criminal court declared the defendant innocent of a crime, and an accused person can be charged criminally regardless of the outcome of a civil case. Civil cases will not result in a criminal record.
Criminal Sexual Assault Cases
In a criminal sexual assault case, the State is a party to the case, rather than than the accuser. Generally he accuser does not have a say in the direction of the case, but only appears as a witness for the prosecution. The accuser cannot veto anything the prosecution decides and does not control whether a plea deal is requested or received.
The primary purpose of a criminal sexual assault case is to determine the guilt or innocence of the defendant of a particular crime. The prosecution must prove the defendant guilty “beyond a reasonable doubt”. The defendant is presumed innocent until proven guilty.
A sexual assault defendant in a criminal case may be ordered to pay the accuser, but only to compensate for financial costs incurred by the accuser. If a defendant is found guilty, outcomes can include incarceration, fines, or probation.
If a defendant is found not guilty of the crime, he or she cannot be tried again for the same crime in criminal court.
Sexual Assault is Usually an Intentional Tort when Brought in Civil Court
A tort claim is a claim that seeks compensation for damage caused by another. Tort claims are classified as either negligent or intentional. A negligent tort case claims that the accused had a responsibility to take actions that would have prevented the damage from happening. An intentional tort case claims that the accused took actions with a conscious intention to harm the accuser.
Civil sexual assault cases against individuals tend to be intentional torts, because the accused person is assumedly in control of their own sex-related actions. In addition to the accused, third-party individuals may also be named as parties in a sexual assault tort claim case. For example, this could include the director of a department who intentionally creates conditions for a mid-management-level supervisor to commit a sexual assault against an employee
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Complexity of Defense in Civil Court
There are pros and cons both ways to pursuing a claim of sexual assault in criminal court of civil court. Civil sexual assault cases may come with more success to the accuser because they are only required to prove defendant by liability by a preponderance of the evidence. For the same reason, sexual assault cases in civil court can be more difficult to defend.
In any case, sexual assault is a serious charge with complex issues that requires the knowledge and experience of dedicated sexual assault attorneys who know the nuances of such cases and can provide a skillful defense that protects the rights of the accused.
If you or someone you know is facing allegations of sexual assault, whether in civil or criminal court, contact the attorneys at Berry Law to get the aggressive representative you deserve.
