Civil vs Criminal: What Survivors Need to Know

Survivors of abuse deserve real answers about their legal options. Few people realize there are two completely different justice systems: criminal court and civil court. They function in vastly different manners. Your choice will determine everything about your case.

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Here's the truth:

Justice isn’t always served in criminal cases. Just 25 offenders are imprisoned for every 1,000 sexual assaults. For that reason, the civil claim process is often the best option for survivors.

Let's break it all down…

Here's what's coming up:

• What's The Difference Between Civil and Criminal Cases?
• Why Survivors Choose the Civil Claim Process
• How The Civil Claim Process Works
• Can You Pursue Both At The Same Time?
• Common Mistakes To Avoid

What's The Difference Between Civil and Criminal Cases?

Criminal and civil cases might sound similar, but they are worlds apart.

A criminal case is initiated by the government. The prosecutor (state or federal) decides whether to file charges. Punishment is the goal: prison, probation, fines, etc. The survivor has no control over what occurs. They are considered a witness, not the boss.

A civil lawsuit is entirely different. This is filed directly by the survivor against the abuser or entity that allowed the abuse to occur. Filing a civil claim is about obtaining financial recovery and seeking justice by holding accountable those that caused the harm. Whether they be schools, churches, or juvenile halls that allowed sexual abuse to occur.

Here's why that matters:

• Who is in charge of the case: The state in criminal matters. The survivor in civil matters.
• Goal of the case: Criminal punish. Civil compensate.
• What the burden of proof is: In criminal cases the standard is "beyond a reasonable doubt." Civil cases require merely a "preponderance of the evidence" -- i.e., more likely than not.

That standard of proof is much easier. It's one reason why survivors decide to file a civil suit.

Why Survivors Choose the Civil Claim Process

The criminal system fails most survivors.

Less than 3% of sexual assault cases end in felony conviction. Which means most perpetrators will never spend a day in jail. If survivors want justice through the court system, they may feel failed twice. Once by the abuser, and again by the court.

A civil lawsuit changes that.

Here are the top reasons survivors go the civil route:

• Lower burden of proof: No need to prove guilt beyond a reasonable doubt.
• Control over the case: The survivor decides what happens, not a prosecutor.
• Financial compensation: For medical bills, therapy, lost wages, and pain.
• Institutional accountability: Sue schools, churches, or detention centers that enabled abuse.
• More time to file: Civil statutes of limitations are generally longer than criminal ones.

Think of it like this…

A criminal case is justice happening. A civil suit is the victim happening.

And that's a huge difference.

Abuse survivors in L.A. youth detention facilities just scored a $4 billion settlement. THIS is how powerful civil lawsuits against institutions are. Criminal courts can fail. Civil courts can still exact REAL accountability + REAL money changes hands to help survivors heal and recover.

How The Civil Claim Process Works

The civil claim process might sound intimidating, but it follows a clear path.

Here's what it typically looks like:

Consultation With a Lawyer

STEP 1: The very first step is a FREE, confidential consultation with an attorney who specializes in abuse. The survivor tells their story, and the attorney assesses the case.

No pressure. No commitment.

Investigation and Evidence Gathering

Once the case is taken on, the legal team starts digging. That includes:

• Medical records
• Witness statements
• Prior complaints against the abuser or institution
• Employment or facility records

The goal is to build a strong foundation before filing anything.

Filing The Civil Lawsuit

The attorney then drafts a complaint which is filed in court. The complaint formally starts the case and alerts the defendant they have been sued.

Discovery and Depositions

Discovery: Both sides share information. Depositions are conducted – these are sworn interviews that take place outside of court. This process can take months, but many times reveals evidence that leads to settlements.

Settlement or Trial

The majority of civil cases end up settled out of court. If the parties fail to agree to a fair settlement, then the case will go to court and either a judge or jury will make a decision.

The civil claims process can take a year or longer. Survivors are supported every step of the way.

Can You Pursue Both At The Same Time?

Yes.

Yes, absolutely. One can pursue criminal charges AND file a civil lawsuit simultaneously. The two systems operate independently of each other.

Here's why this matters:

And even if the state chooses not to file criminal charges – or if a criminal prosecution doesn't result in a conviction – the survivor can still pursue a civil claim. Because of the lower burden of proof, a civil action may succeed when a criminal case doesn't.

And it happens all the time.

Consider the O.J. Simpson trial. Simpson was acquitted in criminal court yet found liable in civil court. Same evidence. Different burden. Different verdict.

This double-track can save lives of abuse survivors. It also ensures that if a criminal prosecutor fails, there is another avenue for justice.

Common Mistakes To Avoid

Prior to embarking on the civil claims process there are some pitfalls survivors should be aware of:

• Waiting too long: Statutes of limitations vary by state, so acting quickly matters.
• Assuming criminal charges rule out a civil case: They don't. Both can happen simultaneously.
• Trying to handle it alone: Abuse cases are complex and require experienced attorneys.
• Failure to document everything: Anything that is written down, texts, journal entries, etc. Any witnesses will only help the case.
• Hiring the wrong attorney: Not every lawyer practices abuse cases. Hire one that focuses on them.

Having the right lawyer means all these problems are avoided. He or she walks survivors through each step of the process.

Bringing It All Together

Deciding whether to pursue a criminal case vs. a civil lawsuit is not always an either/or decision. It's an "AND" decision. Survivors just have to know their options.

Criminal cases are prosecuted by the state with penalties as their focus. Civil cases are pursued by the survivor with emphasis on accountability and repair. Most importantly, survivors are not required to choose one or the other. Both routes can be pursued simultaneously.

The civil claim process gives survivors what the criminal system often can't:

• Control over their own case
• Financial compensation for the harm suffered
• Justice against enabling institutions

For those who have been injured, knowing the options is the first step to recovery and seeking justice from those who caused harm. Filing a civil claim is an available option that many survivors don't know.