What You Need to Know About Filing a Civil Lawsuit for Rape or Sexual Assault
There are a range of emotions survivors of sexual assault or rape experience in processing what has happened and beginning their healing process. Here’s how to file a civil lawsuit for rape or sexual assault.
Reaching the decision to file a civil lawsuit for damages (monetary payment made by the court that requires the defendant(s) to pay the survivor for the harm caused to the survivor) can be difficult, but it is a viable option for survivors to consider when they are ready.
Related: Difference Between Sexual Assault, Sexual Abuse, and Rape in California
*Content warning: Discussion pertains to rape and sexual assault*
What is a civil lawsuit?
A federal civil case involves a legal dispute between at least two parties. A civil action begins when one of the parties submits a complaint and pays the required filing fee. There is an option for the filing fee to be waived if the filing party is unable to pay it.
Related: Sexual Assault in Civil vs. Criminal Court
How does a plaintiff begin this process?
If a survivor of sexual assault or rape decides to move forward in this process, they will file a civil lawsuit for monetary damages against their perpetrator of sexual violence (the defendant). A civil lawsuit is a private process, and therefore typically requires a lower standard of proof (a preponderance of clear and convincing evidence) as compared to criminal cases. A survivor (plaintiff) can decide to initiate this civil process if they seek compensation for damages, such as money for injuries sustained as a result of the sexual violence, or further punitive measures aimed at the defendant that are specific to the case.
What happens next?
In this case, the plaintiff would initiate the civil lawsuit by serving the defendant with a copy of their complaint. In their complaint, the survivor will express their damages or injury, as well as the defendant’s role in causing harm. The court has the jurisdiction (official power to make legal decisions and judgments) to order relief. The survivor may ask for money to compensate for the damages, or in other cases, request for the court to intervene and put an end to the defendant’s conduct that is causing them harm (if ongoing).
More Information on Civil Lawsuits
It can take years for some civil lawsuits to resolve. While there is no legal guarantee that the plaintiff will have a successful case, there are benefits associated with choosing a civil lawsuit over a criminal case. For example, while a criminal trial can only hold a perpetrator accountable, a civil lawsuit can hold perpetrators and other parties, such as institutions (such as schools or businesses) that may have enabled their behavior, accountable as well.
Some Final Takeaways
While filing a civil lawsuit is an option for survivors of sexual assault or rape to pursue, it is most important for the survivor to reach a decision that they believe works best for them. It is also critical for those helping survivors to respect their decision on how they would or would not like to move forward. Healing is not a linear process. Litigation or civil lawsuit proceedings may help some, and not others. Supporting survivors and listening to what they are comfortable sharing is very important during every stage of this process.
Additional Resources in California are available to support you or your loved one during this time and can be found here.
Contact Us
If you are seeking more information on how to file a civil lawsuit for rape or sexual assault, contact us. We’ll get you in touch with the most qualified attorney for your unique legal issue. Get your free consultation with one of our experienced sexual assault attorneys in California today!