Sexual Abuse Cases: Criminal vs. Civil

Understanding the crucial differences between criminal and civil justice systems is imperative for survivors of sexual abuse seeking redress. Criminal liability, overseen by state and federal entities, primarily focuses on punishment, often falling short in compensating victims. In contrast, civil courts prioritize the victim’s rights, offering avenues for monetary compensation and justice.

Challenges in Criminal Courts

1. Lack of Victim Advocacy: Criminal proceedings lack dedicated advocates for victims, leaving them vulnerable during court processes.
2. Emotional Toll: Testifying in criminal courts can be embarrassing and demeaning for victims, with limited protective measures for their well-being.
3. Stringent Proof Standards: Criminal cases require proof “beyond a reasonable doubt,” allowing morally culpable individuals to escape liability due to doubt in the evidence.

The Civil Justice System: A Victim-Centric Approach

1. Advocacy for the Victim: Civil courts focus on the victim’s rights, with attorneys advocating for their interests.
2. Compensation for a Variety of Damages: Survivors can seek compensation for various damages, including depression, PTSD, loss of relationships, lost income, medical expenses, and more.
3. Insurance Coverage Challenges: Insurance policies may limit compensation, necessitating experienced attorneys to interpret policy nuances and maximize compensation.

Compensation and Standards of Proof

1. Punitive Damages in New York and New Jersey: Proving punitive damages in these states requires showing an “evil motive” or conscious indifference to the victim’s rights. Rarely covered by insurance, these damages come from the defendant’s personal assets.
2. Overall Standard of Proof in Civil Cases: The standard is a “preponderance of the evidence,” where jurors must believe the plaintiff’s case is more likely true than not. This relaxed standard increases the chances of justice for abuse victims.

Seeking Justice for Survivors

Sources: Sexual Abuse Cases: Criminal Vs. Civil | Monsees & Mayer