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Criminal vs. Civil Cases

Criminal vs. civil sexual assault cases in D.C.

In the United States, it is estimated that hundreds of thousands of people fall victim to sexual violence every year. These incidents can take many different shapes and leave survivors from all walks of life wondering whether they’ll ever get the justice they deserve. Research has long indicated that sexual assaults frequently go unreported to law enforcement due to a combination of valid fears and common misconceptions.

While most people think of sexual assault as a purely criminal offense, many survivors choose to pursue civil claims against their abusers and – in some cases – institutions whose negligence contributed to or allowed the abuse that occurred. These civil claims work differently from criminal cases, but they can play a vital role in helping victims of sexual violence recover the funds they need to support their healing efforts.

If you were sexually abused or assaulted in the Washington, D.C. area, it’s important to understand all the legal options you have at your disposal so you can make an informed decision about how best to pursue justice. Holding the right people accountable in the right ways can help you access the support and resources you need to move forward with confidence.

At Nace Law Group, we represent survivors and families in civil sexual abuse cases because we believe that these claims provide much-needed recourse for addressing the physical, emotional, and financial impact of a sexual assault. We do not prosecute criminal cases or defend alleged perpetrators. We exclusively support clients in civil suits against individuals and institutions who bear responsibility for sexual violence under D.C. law.

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Civil vs. criminal sexual assault cases: what’s the difference?
Is there a difference in burden of proof?
What are the penalties in a civil sexual assault case?
Can I file a civil claim without a criminal conviction?
Washington D.C. civil sexual assault FAQ

Civil vs. criminal sexual assault cases: what’s the difference?

If you’re weighing your legal options following a sexual assault, it’s important to understand that civil and criminal cases function differently and serve slightly different purposes. Here’s an overview of some of the key differences between the two kinds of cases:

Criminal sexual assault cases

Criminal sexual assault cases are the kinds of proceedings you usually see on procedural crime shows. When a victim reports a sex crime to law enforcement, the police typically investigate their claim in order to determine whether there is sufficient evidence to support criminal charges. If charges are filed, they are brought by the state against the alleged perpetrator.

Once an alleged offender is formally charged, they may be able to accept a plea deal or may need to face a judge or jury in a criminal court. The point of a criminal trial is to establish beyond a reasonable doubt that the defendant committed the crimes of which they were accused, so the state can impose appropriate penalties under the law. If the defendant is found guilty, they may face incarceration or other legal punishments.

Civil sexual assault claims

Civil sexual assault cases are another avenue for pursuing accountability against certain individuals and entities believed to bear responsibility for an incident of sexual violence. In contrast to criminal cases, civil claims are filed by individual survivors rather than being brought by the state. Civil courts can’t impose criminal penalties like jail time. Instead, survivors file civil claims in order to recover compensation for certain losses related to their assault or abuse.

In addition to bringing claims against individual abusers, survivors may also be able to use the civil court system to hold negligent institutions accountable for any failures that contributed to the harm suffered by the victim. This is a particularly important consideration for survivors who were abused while under the care of a school, youth organization, or other institution. Even if a victim never reported their abuse to law enforcement or if a criminal conviction was never obtained, a survivor may still be within their rights to pursue civil litigation against certain at-fault parties if the facts of their case support such a claim.

Is there a difference in burden of proof?

To expand on one point from the previous section: One of the most significant differences between criminal and civil sexual assault cases is the burden of proof required in each scenario. You’ve probably heard the phrase “beyond a reasonable doubt” tossed around with respect to criminal cases, but civil cases do not rely on the same standard.

The burden of proof required in criminal cases represents the highest evidentiary standard employed in the legal system. This makes sense when you consider the severity of the consequences that could be imposed in the event of a criminal conviction. In order to prevent innocent people from spending time behind bars or facing other life-altering penalties, the criminal court system demands that the state thoroughly convince the judge or jury that the defendant is guilty of the crime with which they are charged.

In a civil case, however, the standard is lower. Instead of proving a defendant’s guilt beyond a reasonable doubt, survivors must prove their case based on a preponderance of the evidence. In layman’s terms, that means the evidence must suggest that it is more likely than not that the defendant is responsible for the harm alleged.

The high burden of proof required in criminal cases can be a deterrent for some survivors of sexual abuse. In some sexual assault cases, clear-cut evidence of a defendant’s guilt can be difficult to come by, which makes it challenging to prove the case beyond a reasonable doubt. Survivors may be rightfully concerned about being retraumatized by the legal process – particularly if the experience does not result in a criminal conviction. Because the burden of proof is lower in civil cases, survivors may find that the civil process offers a better chance when seeking accountability.

What are the penalties in a civil sexual assault case?

Criminal sexual assault cases commonly result in penalties like jail time, fines, and sex offender registration requirements. These consequences are meant to punish offenders for their actions and reduce the likelihood that they will go on to harm others in the same way.

The remedies available in civil cases can also be used to hold abusers accountable, but they primarily do so by financial means. In practice, this looks like plaintiffs requesting that an individual or institution that caused them harm be ordered to compensate them for certain losses related to their abuse. The damages sought in civil suits generally fall into one of the following categories:

Economic damages

Economic damages often include past, present, and future expenses related to a plaintiff’s suffering. Things like medical bills for emergency treatment, therapy fees for trauma-related care, and lost wages for shifts missed due to physical or emotional suffering could all fall under the umbrella of economic damages in a civil sexual assault claim. There is no cap on economic damages in personal injury cases in Washington, D.C.

Non-economic damages

Not all losses related to sexual abuse are visible on the surface. Survivors can pursue compensation for non-economic damages to help offset the intangible effects of their abuse. Some plaintiffs will pursue claims for emotional distress or physical pain, for example. Others may also want to recover compensation to account for their loss of enjoyment in life or other major changes they were forced to endure as a result of sexual violence. Non-economic damages are generally not subject to any caps under D.C. personal injury law.

Punitive damages

A judge or jury may opt to award punitive damages to a victim if the defendant in the case exhibited willful or wanton misconduct. Punitive damages punish offenders and may also deter other individuals or institutions from engaging in similar conduct in the future. Many states place strict caps on punitive damages, but D.C. does not.

Can I file a civil claim without a criminal conviction?

Research suggests that sex crimes are some of the most underreported offenses in our legal system. In fact, some estimates even suggest that as many as 2 out of every 3 sexual assaults go unreported. Many survivors worry about the possibility of reprisal or retaliation from their abusers, or may have justifiable concerns about the social stigma connected to sexual assault claims.

This is yet another reason why civil claims can make a major difference in a survivor’s life. Even if you never reported your assault to law enforcement, you may still be able to file a civil suit. A criminal conviction can serve as a helpful piece of supporting evidence in a civil lawsuit, but you don't have to have a conviction on the books to take civil action.

An experienced civil sexual assault lawyer can help you determine whether a civil claim could play a role in your fight for justice and accountability. Your attorney will work with you to compile the vital evidence you need to build a strong claim – even if law enforcement never conducted an investigation into your case.

Washington D.C. civil sexual assault FAQ

Can I file a civil claim if there is no criminal case?

Yes. Your ability to file a civil lawsuit does not depend on the existence of a previous or current criminal case. These lawsuits can happen independently of one another, so you don’t have to choose between criminal or civil action.

What if criminal charges were dropped?

Even if a criminal case failed to result in a conviction, you might still have a valid civil claim on your hands. Since the burden of proof in civil lawsuits is lower than the proof required in criminal cases, it's not impossible to file a successful lawsuit without a prior conviction.

What if I didn’t report my assault to the police?

You may be within your rights to pursue civil litigation for sexual assault even if you never reported the incident to law enforcement. Sexual abuse and sexual assault often go unreported due to legitimate concerns about retribution or revictimization by a potentially traumatic legal process. As long as you are within the statute of limitations, however, you may still be able to file a civil suit against your abuser – regardless of whether or not you had previously reported them to the police.

How long do I have to file a civil sexual assault claim?

In Washington, D.C., individuals who were victimized when they were 35 years old or younger typically have until their 40th birthday – or 5 years after they knew or reasonably should have known – about their abuse. Victims who were over 35 at the time of their assault generally have 5 years to take legal action, though the clock starts based on when they discovered or should have discovered that they were assaulted.

Can I sue a school or organization instead of an individual?

In some cases, a survivor of sexual assault may be able to pursue legal action against an institution or organization that caused or contributed to their suffering. If an institution exhibits negligence in its handling of sexual assault claims or otherwise impedes a survivor’s pursuit of justice, it could face claims of liability for any resulting harm.

Speak with a Washington, D.C. sexual abuse civil lawyer

Criminal and civil sexual assault cases can be important puzzle pieces in a survivor’s fight for justice. While criminal cases can result in offenders being punished and prevented from causing future harm, they don’t always provide survivors with the resources they need to move forward in their healing journeys.

Civil lawsuits can help fill in some of the gaps. By pursuing claims for compensation, survivors of sexual assault and abuse can ensure their needs are met and their suffering is validated in the months and years after being violated.

At Nace Law Group, we believe that civil litigation can play a vital role in a survivor’s recovery process. That’s why our team works tirelessly to provide knowledgeable and compassionate legal support to survivors of sexual violence in the D.C. area. Give us a call, reach out online, or stop by our D.C. office at 1025 Thomas Jefferson St. NW, #810 to speak to a member of our team. Let’s discuss whether you may have the basis for a civil sexual assault case.