Civil vs. Criminal Sexual Assault Cases
Civil vs. Criminal Sexual Assault Cases
Civil vs. Criminal Sexual Assault Cases
After a sexual assault, survivors face deeply personal decisions about whether they want to pursue legal action, seek support, both, or neither. Some survivors participate in criminal investigations, some pursue civil action, and others decide not to move forward with any formal legal process.
Civil and criminal cases serve different purposes and follow different legal standards. Understanding how each process works helps survivors make informed decisions about what feels right for their situation, safety, and healing process.
Who Brings the Case Forward
Civil Case
A civil case focuses on harm done to the survivor. In a civil lawsuit, the survivor files a legal claim against the person or institution they believe caused harm. Civil cases typically seek financial compensation or institutional accountability rather than criminal punishment.
Criminal Case
A criminal case focuses on whether someone violated the law. The government prosecutes the accused person, and the goal is to determine whether a crime occurred and whether criminal penalties should apply.
Some survivors pursue both civil and criminal cases at the same time. Others choose one process or decide not to pursue legal action at all.
Different Standards of Proof
Civil and criminal cases require different levels of proof.
Civil Case
Civil cases use a lower legal standard called “preponderance of the evidence.” This means the court must determine whether it is more likely than not that the harm occurred.
Evidence in civil cases may include:
- Survivor testimony
- Witness statements
- Medical records
- Messages, emails, or photographs
- Documentation of emotional, physical, or financial harm
Criminal Case
Criminal cases use a much higher standard called “beyond a reasonable doubt.” Prosecutors must prove the crime to a very high level of certainty before a person can be convicted.
In criminal cases, prosecutors generally must establish:
- That a sexual assault occurred
- That consent was not freely given
- That the accused person acted knowingly or intentionally
Possible Outcomes
Civil and criminal cases can end in several different ways.
Civil Case
Possible outcomes in civil cases include:
- Financial settlements between the parties
- Jury verdicts awarding monetary damages
- Dismissal if the case does not meet legal requirements
Criminal Case
Possible outcomes in criminal cases include:
- Charges being dismissed
- Plea agreements between prosecutors and defendants
- Trial verdicts finding the defendant guilty or not guilty
- Sentencing outcomes such as probation, registration requirements, or incarceration
Not every case moves to trial, and survivors retain the right to pause or stop participation in legal proceedings depending on the circumstances and jurisdiction.
The Survivor’s Choice
There is no single “correct” decision when it comes to pursuing legal action after sexual assault. Every survivor’s circumstances, safety concerns, financial realities, and healing process are different.
Some survivors pursue both civil and criminal options. Others pursue one path or decide not to move forward with either process. Delaying a decision or choosing not to participate in legal proceedings does not make a survivor’s experience less real or less important.
Regardless of the decision, survivors deserve support, information, and respect throughout the process.
Support and Resources
Take Back The Night provides resources to support survivors at every stage. You do not have to navigate the healing journey alone.
Take Back The Night’s National Sexual Assault Legal Hotline provides free, confidential, trauma-informed legal support for survivors across the United States. Available 24/7, 365 days a year.
Other Resources
Explore survivor-centered tools, educational materials, and healing support through the Take Back The Night website.
Find state advocacy organizations and crisis centers near you.
Take Back The Night hosts both in-person and virtual events to bring survivors and supporters together. Participating in marches, speak-outs, and vigils reminds survivors that they are not alone.