The Harvey Weinstein sexual assault scandal going on right not sheds a major light on the rampant sexual abuse that is occurring not only in Hollywood, but in many industries. As victims of sexual abuse step forward they may be wondering if they can file civil suits for sexual assault.

With all the men and women stepping forward and telling their stories of sexual harassment and assault, it’s important for victims to know their option to file civil suits for sexual assault.

Why would victims file civil suits for sexual assault? What is the difference between filing a civil suit and a criminal suit?

What is the difference between a civil lawsuit and a criminal prosecution?

Civil lawsuits give victims of sexual assault a way to obtain monetary compensation for the harm that they endured. A criminal prosecution provides sanctions against the abuser (defendant). In a criminal case, the court may order the defendant to have jail time, probation or fines.

How does a victim prove liability in a civil case?

The burden of proof in a civil case is lower than in a criminal case. The plaintiff must only show that there was “a preponderance of evidence” of the alleged wrongdoing. This means they must only show that it was more likely than not that the defendant committed the sexual abuse.

How does a victim pursue damages?

When a victim pursues a civil lawsuit they must base their personal injury lawsuit on a legal theory other than sexual abuse. They can choose assault and battery or intentional infliction of emotional distress.

They then can pursue damages for physical and emotional suffering. How much is awarded to the victim depends on the specifics of the case. If the perpetrator is egregious in their crime, the jury may award a particularly high amount of damages to the victim.

The unfortunate part of these cases is that unless the defendant is wealthy, even if a jury awards the plaintiff high damages, they may not be able to collect those damages. Insurance companies typically do not cover intentional acts. Therefore, a victim could only go after defendant’s personal assets.

What is the first step for victims of sexual abuse?

Speak to an experienced personal injury attorney to learn about your rights and to find out if you have a strong civil case.

For more information, send us a message.