Criminal Assault Cases
Criminal cases are prosecuted by the state or district attorney—not by you. The purpose is to punish the offender and protect society.
Outcomes include jail time, fines, probation, and sex offender registration. The prosecution must prove guilt “beyond reasonable doubt”—a very high standard.
You have no control over whether charges are filed or how the case proceeds, and criminal cases do not provide financial compensation to victims.
Civil Assault Lawsuits
Civil lawsuits are filed by you (the plaintiff) against the perpetrator and any liable institutions. The purpose is to compensate you for your injuries and losses.
The burden of proof is “preponderance of the evidence”—meaning more likely than not. This is a lower standard than criminal cases.
You control the case and decide whether to settle or go to trial. Successful claims result in monetary damages.
How Criminal and Civil Cases Interact
You can pursue both simultaneously. A criminal conviction helps your civil case, but an acquittal doesn’t prevent civil recovery.
Civil discovery often uncovers evidence that criminal investigations missed. Many survivors win civil cases even when criminal charges were never filed.
Why You May Still Have a Case Even Without Criminal Charges
Prosecutors decline many valid cases due to:
- Resource limitations
- Difficulty meeting the “beyond reasonable doubt” standard
- Witness availability issues
- Backlogged courts
According to RAINN, significant under-reporting of sexual assault means many crimes never enter the criminal justice system at all. The absence of criminal charges says nothing about whether abuse occurred.