If you have been a survivor of sexual abuse in California, your abuser can be brought to justice in two ways: through the criminal justice system and by filing a personal civil suit.
The first deals with prosecuting the perpetrator for the crime(s) of sexual abuse; the second deals with making the abuser compensate you directly for your losses.
Simply put, in California, both criminal and civil cases can arise from sexual abuse, but they differ significantly in their purpose, process, and outcomes.
Criminal cases focus on punishing the perpetrator with potential jail time or fines, while civil cases aim to compensate the victim for their damages through financial awards. Understanding these differences is crucial for survivors when deciding how to pursue justice.
These two types of cases go through different legal avenues, each with distinct goals and outcomes. Survivors must understand these differences, as it can help them make informed decisions and feel more prepared when navigating the legal process.
But they are both important elements in seeking justice. Let's unravel the primary differences between a criminal and a civil sexual abuse case.
How Criminal Cases Work in CA
In criminal cases, the government (prosecutor or district attorney) initiates criminal cases to punish the offender for violating criminal law. The primary goal is to punish the perpetrator for their actions, often through imprisonment or fines.
The prosecution must prove the defendant's guilt "beyond a reasonable doubt," which is a very high standard. The focus is on the criminal act itself and the perpetrator's culpability.
Sometimes financial restitution is awarded to the victim, but that is usually a relatively modest amount and can only be collected from the perpetrator, who usually has no significant assets.
Criminal cases do not punish the perpetrator's employer, who may have improperly or unreasonably supervised or employed the perpetrator, which allowed the perpetrator to take advantage of the situation and molest or assault the victim.
While a criminal conviction of sexual assault can strengthen your civil claim for damages, the two may not affect one another at all.
How Civil Cases Work in CA
In a civil case, the lawsuit is filed by the alleged victim. The survivor (plaintiff) initiates the civil case against the perpetrator or other potentially liable parties, such as an individual institution.
The main aim is to obtain financial compensation for the victim's damages, including medical bills, therapy costs, lost wages, and emotional distress.
The plaintiff must prove their case by a "preponderance of the evidence," meaning it's more likely than not that the abuse occurred. The focus is on the harm caused to the victim and the financial and emotional consequences. The sexual history of the plaintiff is off limits absent a court order.
While most discovery procedures are available as a matter of right, in a sexual-abuse, assault, or harassment case, a court order is required before attempting to conduct discovery into a plaintiff's sexual conduct with individuals other than the perpetrator of the abuse.
Discovery is the process by which each party in a case obtains evidence from the other party or parties. This can include documents, witness statements, or other information that may be relevant to the case. (California Code of Civil Procedure 2017.220).
Section 2017.220 requires the party seeking sexual-history information to first obtain a court order by demonstrating the extraordinary circumstances justifying such discovery, including:
- Specific facts showing good cause for such discovery; and
- That the information sought is highly relevant to the subject matter of the action.
Under California law, any unwanted sexual contact without your consent is classified as sexual battery under Civil Code 1708.5.
Who Brings the Suit?
As noted above, one of the most fundamental differences between criminal and civil cases is who initiates the legal process, referred to as the plaintiff. Let's review below:
- Criminal Cases: In a criminal sexual abuse case, the plaintiff is always the State of California. This means that the government, through a prosecutor such as the district attorney, files charges against the alleged abuser. The victim, while central to the case as a witness and source of evidence, is not technically a party to the lawsuit. The purpose of the case is to determine whether the defendant is guilty and to sentence them accordingly.
- Civil Cases: In contrast to criminal cases, a civil sexual abuse lawsuit is initiated by you, the survivor. You act as the plaintiff, filing a lawsuit directly against the person (or institution, in some cases) responsible for the harm you experienced. This process is about you seeking accountability and compensation for the personal harm you've suffered, rather than society punishing the wrongdoer. It's a powerful step towards reclaiming your rights and seeking justice on your own terms.
Penalties and Outcomes
The goals and potential outcomes of criminal and civil cases differ significantly because each type of case seeks a different form of accountability.
- Criminal Cases: The primary focus of a criminal case lies in punishing the abuser for violating the law. If the accused is found guilty, penalties include incarceration, fines, probation, or registration as a sex offender. The courts may also direct the defendant to make financial restitution to the victims for expenses related to the crime. Still, this amount is usually insufficient to address the full impact of the abuse.
- Civil Cases: Civil sexual abuse cases focus solely on securing financial compensation, or "damages," for the emotional, physical, and financial harm you've endured. Damages can include costs such as therapy expenses, lost wages, and pain and suffering. While civil cases do not result in jail time for the abuser, they serve as a critical tool for holding individuals-and sometimes institutions-accountable for their actions.
Importantly, civil lawsuits allow you to seek justice independently of a criminal conviction. Even if the abuser was not charged or convicted in a criminal court, you still have the option to pursue damages through a civil case.
Statute of Limitations
The statute of limitations (filing deadlines) for filing a civil lawsuit are not delayed just because a criminal case is pending.
If the State has decided to charge your alleged abuser, that does not buy you additional time to file a civil claim. Sometimes, criminal cases can take years to get to court.
The DA may discourage the victim from consulting with a civil plaintiff's lawyer for various reasons. However, it's crucial for the victim to talk to a plaintiff's lawyer promptly to avoid having the civil lawsuit barred by missing the filing deadline.
Legal representation can provide you with the guidance and support you need to navigate the complexities of the legal system.
A significant legal difference between criminal and civil sexual abuse cases in California lies within their respective statutes of limitations-the deadlines by which the cases must be filed.
- Criminal Cases: For sexual abuse crimes, California has taken significant policy steps to address the realities of delayed reporting. Most felony sexual offenses committed on or after Oct. 1, 2023, are no longer bound by statutes of limitations, allowing the state to pursue charges at any time. Crimes committed before that date are subject to a variety of statutes of limitations depending on the details of the offense and when it was discovered.
- Civil Cases: California law has also expanded access for survivors to file civil claims. Most survivors of childhood sexual abuse, for example, have until age 40-or five years after discovering the abuse's connection to their emotional or psychological harm-to file a civil lawsuit. (If the abuse occurred on or after Jan. 1, 2024, there is no longer a statute of limitations to file.) Most survivors of adult sexual abuse have 10 years to file a civil suit, or three years after discovery.
What if the Victim was a Child?
A civil case involving a child victim usually proceeds differently than it would for an adult victim. Child sexual abuse cases often result in a settlement, in which monetary compensation is paid to the victim in exchange for the dismissal of the lawsuit.
This keeps the child's privacy intact. Trials are a matter of public record, but settlement agreements are not. By accepting a settlement, the child's name can be kept out of the papers.
The compensation paid can be substantial. Settlements can be in the millions because of the serious harm done to the victim by the perpetrator and the perpetrator's employer, harm that could last for the victim's lifetime.
The victim must retain a child sexual abuse attorney to pursue a civil case for a child, or an experienced sexual abuse and assault attorney for adult cases. The plaintiff's attorney's sole interest is what is in the best interests of the victim.
Sexual Abuse Lawyers Handling Civil Claims
The choice to pursue a civil sexual abuse case is a deeply personal one, and often not an easy decision for survivors to make.
However, while criminal cases aim to hold offenders accountable to the law and often focus on public safety, civil cases give you the power to seek personal justice and financial compensation regardless of how any criminal charges play out.
That said, your best chance of success in filing a civil sexual abuse lawsuit is with the help of an experienced California sexual abuse attorney, one who understands the complex process of proving such cases.
At the Injury Justice Law Firm, our attorneys have a long track record of success with cases like these, and we will fight to get you the full amount of compensation needed to bring your perpetrator to justice and assist with your healing process.
If you were hurt, abused, or assaulted by another person, you have rights under the law. We seek justice for our clients through the civil court system.
