Understanding the Difference Between Civil and Criminal Sexual Abuse Cases

Renowned Sexual Assault Attorney Committed to Connecting Survivors with Meaningful Compensation

If you have experienced sexual abuse, rape, or unwanted physical contact, you may be wondering what kind of legal options are available to you. Most people are familiar with criminal charges, especially when high-profile offenders are arrested or tried in court. What many survivors do not realize is that you may also have the right to file a civil case—even if no criminal charges were ever filed.

Civil and criminal cases serve very different purposes. Knowing how they differ can help you make informed decisions about how to move forward.

What a Criminal Case Tries to Achieve

A criminal case is brought by the government, not by you personally. That means a prosecutor makes the decision about whether to file charges, what charges to bring, and how to pursue the case. If the person who harmed you is convicted, the outcome may include jail time, probation, sex offender registration, or other penalties.

In these cases, you are considered a witness. You may testify in court and be involved in the process, but the prosecutor—not you—has control over how the case is handled.

The legal standard in a criminal case is very high. To convict someone of rape, sexual assault, or battery, the government must prove guilt beyond a reasonable doubt. If the case lacks physical evidence or witnesses, prosecutors may decline to file charges even when you know what happened.

That does not mean the harm was not real. It simply means the criminal system sets a very high bar.

What a Civil Case Allows You to Do

A civil case is filed by you or on your behalf. In this process, you are not a witness—you are the plaintiff. You and your attorney decide how to present the facts, what claims to include, and what type of compensation to pursue.

Civil lawsuits focus on accountability and recovery. They are not about sending someone to jail. Instead, they aim to compensate you for the harm you experienced. This can include:

• Medical and therapy costs
• Lost wages or career opportunities
• Pain and suffering
• Emotional distress
• Relocation or security expenses

In civil court, the legal standard is lower. You must prove that it is more likely than not that the abuse or assault occurred. That makes civil claims an option even in cases where a prosecutor decided not to pursue charges or where a criminal jury found the defendant not guilty.

Civil cases also allow you to pursue damages from third parties. For example, if you were assaulted in a hotel, school, or church, the organization that failed to protect you may be held liable along with the individual who caused the harm.

Can You File a Civil and Criminal Case at the Same Time?

Yes. It is possible for a criminal case and a civil case to happen at the same time or one after the other. A civil case can proceed even if the accused is not convicted in criminal court. The outcome of one case does not automatically control the other.

You do not have to wait for the criminal process to finish before talking with a civil attorney. In fact, the sooner you speak with someone, the more options you may have. Evidence can disappear. Witnesses can become harder to find. Consulting with a lawyer early helps preserve your rights and build a stronger case.

Why Survivors Choose to File Civil Lawsuits

Survivors of sexual abuse often say that civil court gave them a sense of control that they did not find in the criminal system. You are able to tell your story, take legal action in your own name, and hold people or institutions accountable in a meaningful way.

In some cases, civil claims uncover patterns of cover-up, negligence, or deliberate silence. This has been true in cases involving clergy, employers, school officials, and powerful individuals in business or entertainment. If others failed to act when they should have, a civil claim may expose that failure.

You do not have to be a public figure or part of a well-known case to file. Civil remedies are available to people from all walks of life, in cases large and small. Your experience matters, and you deserve a process that centers your rights and your recovery.

If you would like to read more about how civil claims have helped survivors, visit our page on civil sexual abuse lawsuits. That resource covers recent high-profile cases and what survivors may expect when pursuing compensation through the civil system.

Talk to a Sexual Abuse Attorney About Your Legal Options

Every survivor’s situation is unique. You may be unsure about whether to file a civil case, or whether you still have time under the statute of limitations. Speaking with a qualified attorney is the best way to get clear, confidential answers.

Our firm represents survivors of sexual abuse, rape, and assault in civil proceedings. We understand how to build strong cases, protect your privacy, and guide you through the process with care. If you have questions, we are here to help.

You do not have to make any decisions right away. You only need to take the first step. Call (615) 485-1584 today to schedule a confidential consultation.