The main difference between criminal charges and civil claims for sexual assault in Chicago, Illinois, lies in the initiator and goal of the two distinct proceedings. The state’s prosecution office initiates criminal proceedings against the perpetrator with the aim of imposing punishment. The punishment can be in the form of fines, jail time, probation, or sex offender registration. Sexual assault civil claims, on the other hand, are initiated by the survivors with the goal of receiving monetary compensation for the damages, losses, and harm suffered. Another difference lies in the burden of proof, which is higher in criminal cases compared to civil claims.
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How Criminal Prosecution for Sexual Assault Differs From a Civil Lawsuit
A civil claim and a criminal case may differ in the initiator, evidence threshold, and outcome.
The Initiator
A major difference in criminal vs. civil sexual assault cases is the initiator. In criminal cases, the state files charges against the alleged perpetrator. The state prosecutor’s office handles the case with the goal of getting the perpetrator punished. The survivor is usually not a significant party in a criminal case. The survivor may, however, appear as a witness.
In a civil sexual assault claim, the survivor triggers the claim. The survivor has full control of the legal process, determining what damages to pursue and the evidence to present in support of the claim. The survivor has the right to retain a private sexual abuse lawyer to help secure a fair settlement.
Burden of Proof
The burden of proof for a criminal case is “beyond a reasonable doubt.” The evidence must clear any reasonable uncertainty about the abuser’s guilt. It’s the highest legal standard because the stakes are high. The defendant may face severe legal penalties and imprisonment.
The burden of proof in civil claims is “preponderance of the evidence.” The claimant’s lawyer must show that the defendant is more likely than not to have committed the act. There must be at least 51% chances that the defendant is liable.
Case Resolutions
The criminal justice system is designed to protect the public by prosecuting sex offenders. If convicted, the perpetrator may face serious legal penalties. These penalties include jail terms, hefty fines, and/or registration as a sex offender. The victim doesn’t receive financial compensation.
In a sexual abuse lawsuit, the defendant may receive a court order to compensate the victim if the victim wins the case. The compensation may involve economic and non-economic damages, such as medical expenses, therapy fees, pain and suffering, and psychological trauma.
Burden of Proof: What Survivors Must Show in a Sexual Assault Claim
The burden of proof in civil sexual assault claims is lower than in criminal proceedings. The victim is only required to present evidence that shows that the sexual abuse act is more likely than not to have happened. So, a defendant who didn’t face criminal charges due to insufficient evidence may be liable in a civil lawsuit for the same offense.
A sexual assault claim must meet the following legal requirements to meet the burden of proof for liability:
Duty of Care
Every person owes a legal duty of care to other individuals. Each person must be cautious not to cause harm or commit criminal acts against other persons. Besides the actual perpetrator, a third party may be liable in a sexual assault claim. An example is when a sexual abuse act occurs against a minor within a parish compound or juvenile facility. In fact, a 2023 BBC report revealed harrowing details of over 1,000 sexual abuse acts in Illinois’ Catholic Churches over the past 70 years. Exposing sexual abuse in such organizations may reveal impunity and continuous violation of the duty of care.
Breach of Duty of Car e
In Illinois, a person commits sexual abuse if the person forcefully indulges another person (victim) in a non-consensual sexual act. In most cases, a survivor must show the abuser’s breach of duty of care.
Causation
A claimant must also establish a legal connection between the blameworthy party’s negligence and the injuries sustained. In simple terms, you must show that you wouldn’t have been injured if it were not for the other party’s negligence.
Damages
A sexual assault survivor must also demonstrate that he or she suffered physical, psychological, or financial harm. Medical bills, employment records, and expert witness statements can be instrumental in proving damages in sexual assault claims.
Why Some Survivors Pursue Civil Action Even Without Criminal Charges
Fear
Some sexual assault survivors may pursue civil action even without criminal charges getting filed due to fear of retaliation from the defendant. A perfect example is when the perpetrator is a police officer. It is, however, important to note that you have a legal right to report the incident and file a civil rights complaint against the police. A seasoned sexual abuse lawyer can guide you on the steps to take to safeguard your rights and recover damages from the liable party.
Lower Burden of Proof
The lower standard of proof may make a survivor consider pursuing a civil claim even without criminal charges. This is especially true when the available evidence is not sufficient to prove the defendant guilty beyond a reasonable doubt, but is enough to establish liability in a civil claim.
Financial Restitution
A sexual assault survivor may file a lawsuit to recover the damages sustained due to the assault. You have the right to seek financial compensation for lost income, medical expenses, and pain and suffering. The compensation may not make you whole, but it provides a financial cushion during the recovery journey.
Hold the Defendant Accountable
Besides financial compensation, a lawsuit for sexual assault can hold accountable the establishments tasked with protecting other persons’ well-being. Rideshare companies are examples of these establishments. Currently, there is a general feeling that rideshare companies aren’t doing enough to protect passengers. So, a victim of sexual assault in a rideshare vehicle may bring a civil claim against the responsible rideshare company to hold it accountable.
Desire to Be in Control
Filing a civil claim gives survivors control of the legal process. They can give an account of the sexual assault incident and decide the direction they want the case to take.
Hire an experienced sexual abuse attorney at Ankin Law if you or a loved one were sexually assaulted in Chicago, Illinois. We will help you build a compelling case and aggressively fight for the best possible outcome. Contact us to learn more about how we can help you.
