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Emotional Distress: Understanding The Difference Between Civil And Criminal Suits For Sexual Abuse

28 August 2014

Alexis Garcia

Sexual assault is a serious crime, and the effects can last a lifetime. Whether you have taken your perpetrator to criminal court or not, you may still be able to bring a civil suit against them. In fact, a civil suit is the only way you can get financial compensation for your suffering. Here is what you need to know about the difference between civil suits and criminal suits for sexual abuse cases:

Emotional Distress

There is no category of personal injury law that deals directly with sexual abuse, and because of that, your lawyer will need to bring your case forward under the umbrella of infliction of emotional distress. In an emotional distress case, the distress needs to be intentional, and it must include outrageous behavior or abuse of power. Sexual abuse cases usually try to prove the latter.

Criminal versus Civil Guilt

If you have take your perpetrator to criminal court and they have been proven guilty, it may be easier to prove that they abused you and abused their power in a civil suit. However, criminal guilt is not a necessary component of a civil suit. In fact, guilt is determined differently in civil and criminal courts.

In a criminal case, the perpetrator must be proven guilty beyond a reasonable doubt. In a civil case, the burden of proof is slightly less stringent. In a civil case, it is only necessarily to prove that the defendant is most likely guilty. If the jury believes at least 51 percent of your story and only 49 percent of the perpetrator's story, the ruling will be in your favor.

Statutes of Limitations

In addition to having different standards for proving guilt, criminal and civil courts have different statutes of limitations for the same crime. The laws vary from state to state, but in Minnesota, for example, there is no longer a statute of limitations for civil suits for survivors of sexual abuse. However, the statute of limitations for criminal sexual abuse cases expires nine years after the defendant turns 18. This limitation is lifted in the presence of DNA evidence or if it can be proven that the victim was forced not to report the crime.

Check with an attorney to see if you are still eligible to bring forward a criminal charge or civil suit. Even if the statute of limitations have expired for a criminal charge, your abuser may still be civilly liable for the pain and distress they caused you.

Perpetrator Liability

In a personal injury case for emotional distress, the claim is made against the individual who perpetrated the crime. Unfortunately, unless this individual has personal assets or wealth, they may not even be able to pay the claim. Even if they have an insurance policy, these policies typically do not cover intentional acts. However, if the abuser was acting as an agent of a school, a sports organization, or a church, you may be able to bring a suit against that organization.

Institutional Liability

In many cases, it is not the individual abuser who is responsible for paying the settlement but the organization who hired that individual or helped to cover up the abuse. For example, over the last few decades, an increasing number of people have been coming forward with civil suits against the Catholic Church. Filing suits against the church is considerably more financially effective than bringing them against the priests, and although settlements have varied based on the case, as of 2013, the church had paid out over $2.5 billion in settlements.

Getting Help

If you have been abused, you have a right to justice and compensation. Contact a lawyer today to learn about your rights. Look at this web-site. A personal injury lawyer can help you understand more about the differences between a criminal and civil sexual abuse case, and these professionals can help you get the compensation you deserve.

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