What is the Difference Between Criminal and Civil Sexual Assault and Abuse Claims?
Criminal and civil sexual abuse cases involve different processes and can achieve different outcomes.
Criminal charges must be proven “beyond a reasonable doubt.”
Allegations in civil court must only be proven on a “balance of probabilities,” or put more simply, it must be accepted that it is more likely than not that the abuse or assault occurred.
The possible outcomes of a criminal conviction do not include financial compensation for the physical, psychological, or economic harm suffered, also referred to as “damages.”
In a civil case, damages can be sought from the perpetrator and/or any other third party who may be liable for the assault or abuse, such as a company, institution, or organization.
In criminal proceedings, the survivor is simply a witness for the Crown’s case, is not a party, and has limited control over or input into the process.
In a civil case, however, the survivor is a party to the action, and has a great deal of control over how the case proceeds.
A criminal conviction is not required in order to pursue a civil claim.
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