Some crimes are considered especially heinous and a sexual abuse claim easily falls into this category. Regardless of the individual’s age or gender, sexual abuse victims often face a lifetime of trauma.
While filing charges in criminal court is a start, most sexual abuse victims want to see the perpetrator punished, it doesn’t always ensure the defendant will be found guilty. Since the burden of proof is lower in civil court, many victims are pursuing a sexual abuse claim.
Criminal charges can still be filed by the Canadian, provincial, or territorial government but a civil case helps ensure sexual abuse victims can recover damages.
Criminal Case vs. Civil Sexual Abuse Lawsuit
Victims of sexual assault deserve justice but it’s not always easy to get in criminal court. Only an estimated half of all reported sexual assault incidents result in criminal charges and out of these, about 12% result in criminal convictions.
These statistics aren’t exactly encouraging for victims of sexual abuse. However, the statistics are in the victim’s favor when the sexual abuse claim is heard in civil court.
So, why is winning a conviction harder in a criminal case than in a civil lawsuit? The answer comes down to the burden of proof. In other words, proving guilt beyond a reasonable doubt vs. showing a balance of probabilities.
What is Reasonable Doubt?
In a criminal case, you must prove the defendant’s guilt beyond all reasonable doubt. This means the prosecutor must show either the judge or jury there is sufficient proof to establish the defendant’s guilt. In other words, the sexual abuse act couldn’t have been committed by anyone other than the defendant and the crime occurred precisely in the manner outlined by the plaintiff.
For sexual assaults committed by strangers who attack victims on isolated bike paths, conviction rates tend to be higher than when two individuals have at least a passing acquaintance. When two individuals involved in a sexual abuse case know each other, it’s a little harder to prove reasonable doubt.
The defendant can always claim the sexual act was consensual and turn the trial into a war of words. Now, the judge or jury must decide who to believe and may not think there’s enough evidence to find the defendant guilty.
What is a Balance of Probabilities?
The balance of probabilities is similar to reasonable doubt but the bar is slightly lower. Instead of proving guilt beyond all doubt, the plaintiff only needs to show the defendant is likely guilty of the complaint. In this case, the defendant is guilty of sexual abuse.
Since the threshold is lower in civil cases, it’s a little easier for sexual abuse victims to receive a favorable ruling. This typically means the plaintiff can recover financial compensation for damages sustained in the sexual abuse incident.
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Benefits of Pursuing a Sexual Abuse Claim
You can pursue both a criminal and civil claim against the individual who’s responsible for your sexual assault. This route is often encouraged and the outcome of the criminal trial can benefit your civil lawsuit later on.
For example, a criminal conviction can be used as evidence to help support your lawsuit. Even though the burden of proof is significantly lower in a civil lawsuit, you still need to support your claim. You can’t just file a lawsuit without some supporting evidence. In a sexual abuse claim, you will need to prove two elements in civil court.
The physical touching is intentional—the defendant didn’t simply accidentally brush against you, instead, there was intentional touching, groping, grabbing, etc.
The physical contact is unwanted. This element can be a little tricky and the defendant will probably try to insinuate or claim the plaintiff encouraged or requested the inappropriate touching. You must show you didn’t ask for or encourage the defendant’s behavior.
Once you can show the defendant’s actions were intentional and unwanted, you can usually move forward with your sexual abuse claim. However, it’s important to remember you can only receive compensation in a civil case.
Even if found guilty, the defendant can’t be sentenced to any form of criminal punishment like jail time in civil court. Only criminal courts can set down punishments like prison sentences.
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Damages You May Be Eligible to Receive in a Sexual Abuse Claim
So, what damages can you be eligible to receive in a sexual abuse claim? Every case is different and this can affect compensation. With that being said, most sexual abuse claims list the following damages:
- Emotional and psychological trauma
- Difficulty keeping a long-term job
- Issues with trust and establishing personal relationships
These are examples of non-economic (non-pecuniary) damages, which are damages that typically don’t come with set dollar amounts like medical expenses. Calculating the value of your emotional trauma isn’t easy but your attorney can help you come up with an estimated amount.
You may also have economic (pecuniary) damages, which can include your loss of income. Some sexual abuse victims find it difficult to retain steady employment. Your sexual abuse claim may also result in punitive damages, and this type of damage is only awarded by the judge or jury in your civil case. You can ask for punitive damages but there isn’t a guarantee the court will issue a judgment.
Punitive damages tend to be rare, even in sexual abuse cases. These types of damages aren’t so much designed to compensate the victim as to punish the defendant. Punitive damages are also meant to discourage others from engaging in the same behavior.
Punitive damages are typically reserved for cases where the defendant’s actions are considered especially cruel or malicious.
Should You Settle a Sexual Abuse Claim
So, should you settle your sexual abuse claim? This isn’t an easy question to answer. In fact, the individual filing the sexual abuse claim should be the only person to decide to settle or go to trial.
There can be advantages to settling a sexual abuse claim. You don’t need to relive the trauma in a courtroom. You’re also guaranteed to receive compensation for your trauma that can help cover expenses like the cost of living and recovery.
So, before you decide to settle a sexual abuse claim or move to trial, talk to an experienced attorney about your legal options.
