Understanding A Criminal vs. Civil Case For Child Sexual Abuse

If you are the parent or guardian of a child who has experienced sexual abuse, or if you are a victim yourself, please remember there is hope, and you do not have to go on this painful journey alone. As you cope during this challenging time, options and resources are available to you and your family.

Civil Vs. Criminal Case For Child Sexual Abuse

Prosecutors recognize the importance of going after child sexual abuse predators, and the state prioritizes prosecuting these criminals to the fullest extent of the law.

Criminal sexual assault cases are handled as crimes against the state and are brought forward by state prosecutors rather than by you, as the victim or the victim’s family. While painful, these criminal cases often call on a victim to testify during the case, but criminal cases are entirely out of your or the victim’s hands.

Criminal cases determine the abuser’s criminal acts and culpability and will typically be followed up with sentencing that requires incarceration, fines, and other consequences. Unfortunately, you cannot veto anything the prosecution decides during criminal proceedings.

However, the criminal charges brought against a perpetrator can help you or the victim feel like justice was served and be a step in the right direction during the healing process. While criminal charges can hold a predator accountable, there is still much you, as a legal guardian or parent, can do to protect and stand up for your child.

Civil Suits In Child Sexual Abuse Cases 

As a parent or legal guardian, or if you are a victim yourself, you can bring forward a civil case against the perpetrator as well. Civil cases allow you to seek restitution for the trauma and healing required following an assault.

You do not have to make this painful journey alone. You can work with a personal injury attorney to help navigate your civil case and understand the justice you or the victim is entitled to.

What Happens In A Criminal Case For Child Sexual Abuse?

It can be heartbreaking and overwhelming to navigate the criminal proceedings after a perpetrator is accused of child sexual assault. It’s important to understand that criminal charges differ from civil charges.

Criminal charges are brought forward by the state and not by you, the victim’s family. Sexual assault against a child is unlawful and, therefore, a crime against the state, allowing the state to take legal action.

Criminal Charges Are Brought Forward

In a criminal case against a child sexual abuser, a child sex abuse lawsuit will be brought against the perpetrator by the government, not by you, the family of the victimized child. The district attorney will bring forward the charges.

Court Proceedings 

After filing the charges, a judge or jury will determine whether the accused is guilty of the charges against them. The judge or jury will use evidence, witness testimonies, and while traumatic for the victim to relive their experience, they may even use the witness testimony from the victim themselves in determining whether the defendant is guilty.

In a criminal case, the concept of “burden of proof” will be applied. The burden of proof essentially means that the party suing the defendant will need to provide substantial evidence that shows a defendant is guilty of the crimes they are accused of. During a criminal case, this burden of proof must show that a defendant is culpable “beyond a reasonable doubt.”

Sentencing

The judge or jury will then deliver a ruling based on the available evidence and witness testimony. If a defendant is found guilty, they will then be subjected to fines, incarceration, and other consequences that will hold them accountable for their actions. If found guilty, the defendant will also be registered as a child sexual predator for life.

Prosecutors are committed to standing up for and protecting a victim’s rights following sexual assault. Additionally, prosecutors are determined to protect the safety and well-being of other individuals in society. For this reason, being registered as a sexual predator requires the perpetrator to disclose their conviction when applying for a job, filling out rental applications, and making other important life decisions.

Restitution

In addition to facing incarceration, fines, and registering as a sex offender, a judge or jury may order restitution for you or the victim as well. Restitution serves as a means to compensate you or the victim for your economic losses — that is, the calculable losses because of the sexual assault. While restitution can provide a means of relief, it is often not nearly enough required for the healing process you or the victim may need to face. According to data compiled by the Rape, Abuse and Incest National Network (RAINN), victims of child sexual abuse are four times more likely to develop mental health illnesses, including substance abuse problems and post-traumatic stress disorder. Additionally, survivors are at elevated risk for dealing with depression in adulthood.

What Happens In A Civil Case For Child Sexual Abuse?

Pursuing a civil case against a child sexual abuser can prove invaluable to helping a child heal following an assault. Criminal charges are designed to punish a perpetrator for their actions. While criminal charges can result in restitution for you or the victim, the priority is holding the perpetrator accountable.

In civil cases, the focus is entirely victim-based, as civil lawsuits are intended to look out for the victim’s well-being. This means holding responsible parties liable so the victim obtains the help they need to heal following the assault.

Because civil cases don’t carry criminal charges with them, you or the victim that files civil claims can name any individual or company that engaged in negligent behavior that led to the sexual assault. For example, if a child was the unfortunate victim of a sexual assault while at school, the school district could be held responsible if they were negligent in allowing a child predator to be around children.

Civil lawsuits are filed with personal injury attorneys. The primary goal of filing a civil claim is to seek restitution for the injuries and losses you or a victim sustained, both physical and mental.

How A Child Sexual Abuse Civil Case Can Help You Heal

Child sexual abuse cases can be complicated and painful. Victims might not feel they are worthy of healing or may have difficulty understanding their legal rights and options following an assault. Please know while there may be feelings of helplessness, you and your child are not alone, and there is hope.

Personal injury lawyers are committed to helping child sex abuse victims heal, and they do this by fighting for the justice victims deserve.

While prosecutors in criminal cases also care about a victim’s well-being, their priority is ensuring the safety of society by criminally prosecuting violators to the greatest extent of the law. Unfortunately, this means that victims might not always receive the restitution they deserve for their injuries, pain, and suffering.

At Bachus & Schanker, our sexual assault attorneys will fight for your child’s rights. Victims of child sexual abuse can be entitled to compensation for the physical injuries they endured as well as the mental anguish and trauma they experienced. This is sought after through economic and non-economic damages.

Economic damages refer to the calculable monetary losses you or a victim suffer following an assault. This can include but is not limited to the following:

• Emergency room bills
• Hospital bills and other medical bills 
• Bills associated with therapy and counseling sessions 
• Tutoring costs if a child is unable to go back to school
• Costs associated with relocation 

Non-economic damages refer to losses you or a victim suffer that are not typically calculable but have a lasting impact. This can include but is not limited to the following:

• Pain and suffering
• Loss of society and companionship
• Loss of enjoyment of life
• Emotional distress

Burden Of Proof In Civil Lawsuits 

A small benefit in an otherwise painful journey is that the burden of proof is much lower in a civil lawsuit than in criminal cases. Plaintiffs in a civil lawsuit do not have to prove that a defendant is guilty “beyond a reasonable doubt.” Rather, a civil suit requires that the burden of proof should show a “preponderance of evidence.” This means you must show that the accused was “more likely than not” to be responsible for the sexual assault.

While the burden of proof is much lower than that of a criminal case, having a personal injury lawyer well-versed in pursuing civil cases is important for a successful outcome.

What Are The Rights Of A Victim In A Child Sexual Assault Criminal Case?

Abusers thrive off of the desire to take away the rights and power of their victims. The court system is designed to give those rights and power back. In both criminal and civil cases, victims of child sexual assault crimes have rights that are designed to empower them during court proceedings. Victims have the right to be:

• Informed
• Present
• Heard 
• Supported

By understanding and exercising these rights, victims can help regain their power as they proceed with legal proceedings.

Because of the nature of criminal charges and the lack of control that victims may have, victims and you, being their parent or legal guardian, can exercise these victim rights within a civil claim.

Who Can Bring Forward A Case For Child Sexual Abuse?

A civil claim against a child sexual abuser can be brought forward by either the child or you, the child’s legal guardian. If a child brings forward a civil claim, you will typically represent them since you are their parent or guardian.

When bringing forward a civil claim, you may also be able to seek compensation since you are the parent or guardian of the victim. Payment associated with lawsuits representing parents and guardians typically seeks restitution for the emotional distress and harm endured because of your child’s suffering.

Because of the sensitive nature of this type of abuse, it’s very common that victims will wait until adulthood before bringing forward a claim.

Can I Sue An Organization For Child Sexual Abuse?

Because child sexual abuse civil lawsuits seek to compensate victims for their unimaginable injuries and losses, it’s typical for civil cases to go after other parties in addition to the abuser. Common third parties named in sexual abuse lawsuits can include: 

• School districts
• Daycares
• Religious organizations
• Youth organizations
• Any other organizations or companies that could be held liable for a child’s abuse

How Long Do You Have To File A Lawsuit For Child Sexual Abuse In Colorado?

The statute of limitations is the time in which you or a victim can bring forward a civil lawsuit against the perpetrator and other parties deemed responsible for the assault. According to Colorado Revised Statutes section 16-5-401(1)(a), the state has no statute of limitations for any sex offense committed against a child.

Can I File A Claim For Both A Civil And Criminal Lawsuit For Child Sexual Abuse?

The state’s district attorney can only bring forward criminal lawsuits against abusers. However, you or the victim can alert authorities about the assault to initiate the process of criminal charges against the accused.

You also do not have to wait until criminal proceedings conclude in order to file a civil lawsuit. The outcome of a criminal case does not influence the outcome of a civil case either. Because the burden of proof is much lower in civil cases, it can help you or the victim during the case and hopefully help promote healing, especially if the accused is found guilty of the criminal charges.

How A Child Sexual Assault Lawyer Can Help You To File A Lawsuit

Personal injury attorneys who have experience representing victims of child sexual assault can help you and your family fight for the justice you deserve. Experienced sexual assault lawyers will help you collect evidence pertinent to your case so that you can hold perpetrators and third parties accountable for their actions. 

More importantly, working with experts who understand the painful complexities and sensitive nature of child sexual abuse can prove invaluable to the healing process. You are not alone in this.

Sources:

Ending the Confusion: Economic, Non-Economic, and Punitive Damages. (2023).

Rape, Abuse and Incest National Network (RAINN). Scope of the Problem: Statistics (2022).

CaseText Colo. Rev. Stat. § 16-5-401. (2023).