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Understanding the Difference Between Civil and Criminal Cases
When discussing sexual assault cases, it's essential to understand that there are two legal avenues: criminal and civil. A criminal case is pursued by the state or government against the perpetrator, primarily focused on penalizing the offender. On the other hand, a civil case is initiated by the survivor against the perpetrator, often seeking monetary compensation for damages incurred due to the assault.
The Right to Seek Justice in Civil Court
Survivors of sexual assault have the right to seek justice through civil litigation, even if they choose not to pursue a criminal case. This means you can file a lawsuit against the person who assaulted you, seeking compensation for physical and emotional pain, medical expenses, loss of income, and other related costs. This avenue allows survivors to hold the perpetrator accountable, regardless of whether a criminal case was initiated.
The Burden of Proof in Civil Cases
One crucial difference between civil and criminal cases is the burden of proof. In a criminal case, the evidence must show "beyond a reasonable doubt" that the accused committed the crime. However, in civil cases, the standard is typically "the preponderance of the evidence," which means it's more likely than not that the defendant is responsible. This lower standard can make civil litigation a viable option for many survivors.
Consult with an Experienced Attorney. Contact Colorado Sex Abuse Law
While it's possible to file a sexual assault lawsuit without pursuing a criminal case, the specifics can vary based on local laws and the details of your situation. It's essential to consult with an attorney specializing in sexual assault cases to understand your rights and the best course of action for your circumstances.
If you or a loved one need legal assistance after surviving sexual assault, contact Colorado Sex Abuse Law at (303) 835-9227 to receive a free and confidential consultation with a compassionate legal advocate.