Sex abuse cases can be dealt with as criminal or civil matters, and some end up in both court systems. There are some significant differences between the two. While they both impact your reputation, a criminal conviction can put you in prison, while a civil verdict against you can ruin you financially. A criminal case is considered a crime against the Crown. Therefore, the Crown through the police is responsible for laying charges.
The goal of a criminal case is to determine whether the accused person is guilty or innocent. The accused is presumed innocent unless and until they are proven guilty. A civil sexual assault case is brought by the complainant, who is represented by a personal injury lawyer who they have retained to commence and prosecute a lawsuit.
In a civil claim, the plaintiff must prove merely to a balance of probability: 1 that the defendant committed a sexual assault and 2 the amount of monetary damages. In other words, for a civil sexual abuse case, the judge or jury must determine whether the plaintiff or the defendant is more likely telling the truth about whether a sexual assault occurred.
This is a far lesser burden than proof beyond a reasonable doubt in a criminal case. In a civil case where a lawsuit has been served on the defendant and filed with the court, the complainant can:.
The goal of a civil lawsuit is to show that the defendant is liable to pay a sum of monetary damages to the plaintiff. The amount of damages can potentially be agreed upon in a negotiated settlement without proceeding to trial.
