Suing for Sexual Assault in California
Sexual assault is a criminal and civil offense that an individual can sue their assailant for in the state of California. Here’s how to know whether to file your claim of sexual assault in civil vs. criminal court.
One of the first things an individual needs to consider and decide is which court system they would like to sue through— the civil justice system or the criminal justice system. Once an individual has decided the system they would like to pursue their sexual assault suit through, they must file a claim and contact a legal representative to represent them in their lawsuit. If an individual cannot afford a private lawyer, one can be provided to them by the court.
Suing for Sexual Assault: Criminal Justice System or Civil Justice System?
An individual is legally allowed to sue under either or both the criminal and civil justice systems. Under both systems, an individual should have filed a claim and contacted a legal representative before continuing the pursuit of suing their assailant. Also, both systems require that the individual provide as much detail as possible when filing their claim to sue. This ensures that there is grounds to sue as well as ensuring that the survivor has the strongest case possible.
While the process of beginning to sue an individual is similar in both systems, the actual process of suing and the outcomes they can provide differ. Thus, an individual must decide which outcome they are hoping to achieve, as well as which lawsuit would best fit their circumstances. Below are some differences in the process of suing for sexual assault under the criminal justice system and the civil justice system as well what survivors can expect from each system.
- If suing for sexual assault under the criminal justice system, it is the state that takes charge of the case and prosecutes the crime. Sexual assault is a crime under penal code 263.1 and the purpose of pursuing a case/lawsuit under the criminal justice system is to prove the innocence or guilt of the accused. Under the civil justice system, it is the survivor that takes initiative and controls the case. The purpose of a civil case is to determine whether an offender is liable for the injuries sustained as a result of the sexual assault.
- The survivor of sexual assault acts as a witness in a criminal justice case, whereas they are considered a party and entitled to all the information concerning both the case and settlement under a civil justice case. This allows for the survivor to have more control, which can be important to individuals following a sexual assault experience.
- One of the key factors that will influence an individual’s decision to pursue their suit under either the civil or criminal justice system is the amount of evidence they have. In a criminal justice system, a survivor of sexual assault’s legal representative is required to prove that the assailant is guilty beyond a reasonable doubt. This places a high burden of proof on the survivor and their legal team. Most successful lawsuits under the criminal justice system will require witnesses who can attest to the claim that sexual assault occurred as well as further pieces of evidence. In the civil justice system, the standard of proof is a preponderance of the evidence, which means the survivor only needs to prove that it is more likely than not that the assault happened. With a much lower burden of proof, a survivor is most likely to receive the justice they deserve.
- If an individual sues under the criminal justice system and the court rules in the victim’s favor, the assailant is punished by the state for breaking its laws. The punishment given can be but is not limited to probation or jail time and the court cannot order restitution for non-economic damages. Under the civil justice system, a guilty party is obligated to make amends to the victim, not the state, and the court can order the individual to pay for non-economic damages, such as pain and suffering and punitive damages.
If an individual decides to report sexual assault to the criminal justice system, they must take their case to the district attorney. If the attorney decides not to take the case to criminal court, an individual may still pursue a civil lawsuit. If the attorney decides to take the plaintiff’s case to criminal court, they must be prepared to give testimonials and collect as much evidence as possible.
Related: How to Report Sexual Assault in California
What if the sexual assaulter is not convicted?
Under the double jeopardy clause, if the perpetrator is found not guilty, the state cannot initiate a second prosecution. This clause does not apply to civil lawsuits, so the victim can sue the perpetrator in civil court regardless of whether the perpetrator has been found guilty in criminal prosecution.
FAQS
Can I sue my spouse or partner for sexual assault?
Spousal rape is a crime under penal code 262 and can be prosecuted under either the criminal justice system or the civil justice system.
Is there a set timeline that I have to sue for sexual assault?
California has deadlines for the amount of time a victim has to file a claim and sue. For more information go to “how to report sexual assault in California”.
What if I have no evidence of the sexual assault occurring?
While evidence is ideal for strengthening a sexual assault claim, a civil lawsuit can still be pursued.
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If you or a loved one would like to know more about suing for sexual assault in civil vs. criminal court in California, 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!