What is the Burden of Proof?
In order to be successful at trial, you need to have sufficient evidence to prove your case. However, there are different legal standards for reaching the burden of proof in criminal and civil matters.
When some people hear the term “burden of proof,” they immediately think of the term “beyond a reasonable doubt,” as it is common in many legal and crime shows. Beyond a reasonable doubt can be difficult to prove as it is a high bar to reach due to the presumption of innocence; however, that standard primarily applies in criminal cases.
In civil cases, to hold a defendant liable, the burden of proof is much lower and cases are decided on a balance of probabilities.
A Balance of Probabilities
In civil cases, the standard states that one must only prove their case is more likely than not. That means the threshold one must reach is only a hair over 50%. Even if there is some doubt that the perpetrator committed the act, as long as the evidence provided proves that they more likely than not committed the act, you will be successful in a civil case.
What If There Was Not a Conviction?
The different standards are significant for sexual assault victims who first went through the criminal system. Even if the perpetrator did not receive a conviction for any reason, that does not mean you are barred from proceeding civilly. Due to the lower standard, it is easier to hold the perpetrator liable and hopefully recover some compensation for the victim. While a criminal conviction is always helpful as evidence, it is not necessary by any means.
If you are considering bringing a civil case against a perpetrator, speaking with an experienced lawyer is critical to ensure that you follow the proper steps.
