When a person is harmed by the wrongful actions of another, many people assume that the criminal justice system is the only path to accountability. The truth is that while criminal courts play an important role in enforcing the law, they often cannot provide survivors with the recognition and support they truly need. As a lawyer who represents victims of sexual abuse, I have seen how civil lawsuits can offer another form of justice, one that looks beyond punishment of the perpetrator and focuses on the harm suffered in the life of the victim.
The goals of criminal and civil cases are very different. In criminal law, the state prosecutes the accused in order to establish guilt and impose a penalty such as jail, probation, or fines. The survivor participates primarily as a witness, but the case is not really about them. It is about whether the accused violated the law. Even if there is a conviction, many survivors are left feeling that their pain, financial strain, and long-term needs were never addressed.
Civil lawsuits provide an alternative that can fill this gap. In a civil claim, the survivor brings the case directly against the wrongdoer, or in some cases against an institution that failed to meet its duty of care. The goal is not to send someone to prison, but to obtain compensation for the harm that has been done. This can include medical and therapy expenses, lost wages, future care costs, and damages for pain and suffering. A successful civil claim acknowledges the impact of the wrongdoing in a way that criminal proceedings cannot.
Another significant difference is the role of the survivor in the process. In a civil lawsuit, the survivor is not just a witness but the central party to the case. They have the ability to make decisions about how the claim proceeds and what resolution they are seeking. This involvement can be empowering, especially for those who felt powerless during the time they were harmed. The civil process allows survivors to take meaningful steps toward recovery and to have their voices heard in court.
The standard of proof also sets the two systems apart. Criminal prosecutions require proof beyond a reasonable doubt, which is a very high threshold. Many cases do not result in a conviction even when the survivor knows the abuse or wrongdoing occurred. Civil claims are different. The court decides the case on a balance of probabilities, which means the judge asks whether it is more likely than not that the harm took place. This lower standard often allows survivors to achieve justice in civil court even when the criminal process did not bring the outcome they hoped for.
Civil lawsuits and criminal prosecutions are not in conflict with one another. They serve different purposes, and together they provide a more complete picture of justice. The criminal system denounces the wrongful conduct, while the civil system compensates the survivor for the damage that was done. For many people, a civil claim is not only about financial recovery. It is about acknowledgement, accountability, and the chance to regain control over their future.
The civil claim can also investigate negligence of organizations such as a Catholic Diocese, School Board, or Boy Scouts, in cases where the perpetrator was an employee or volunteer of the organization.
If you have been harmed and are unsure of your legal options, it is important to seek advice from a lawyer who understands both the criminal and civil systems. Taking the time to learn about your rights can help you decide which path to justice is right for you.
