Module 9
Civil Systems and How They Interact with the Criminal Case

Key Points: Civil Systems and How They Interact with the Criminal Case

  • Sexual assault victims who are navigating the criminal justice system may simultaneously be navigating the civil justice system.
  • Victims may bring a civil action to recover costs and expenses or damages for pain and suffering.  Victims may initiate civil actions against perpetrators and/or against third parties with liability for the sexual assault (e.g., a hotel whose broken door lock allowed the perpetrator access to the victim).
  • A civil proceeding differs from a criminal proceeding in several ways, including that in a civil action:
    • The victim, as the “plaintiff,” is a party to the case;
    • If successful, the victim can recover money damages for losses/expenses as well as pain and suffering;
    • The burden of proof is “preponderance of the evidence” which is lower than the criminal justice system’s “beyond a reasonable doubt” standard.
  • When both criminal and civil justice proceedings are ongoing related to the same sexual assault, statements from one proceeding may be admissible in the other.  It is important that criminal justice professionals know of other pending cases and that there is consistent communication regarding the progress of other proceedings.
  • Civil and family courts can be an avenue for some sexual assault victims to obtain orders of protection against their perpetrator.  Victims can seek civil/family court orders of protection even if they have obtained such an order from criminal court.
  • Be aware that abusers sometimes use civil proceedings such as divorce or child custody/visitation to further abuse and/or intimidate victims to refrain from pursuing their case in the criminal justice system. 
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