What is the difference between criminal and civil cases for rape survivors?
There are two key differences between civil and criminal cases: the burden of proof, and the role of the victim in each process.
In a criminal case, conviction by a judge or a jury requires “proof beyond a reasonable doubt.”
In a civil case, a preponderance of evidence proves liability.
In a criminal case, the prosecutor controls the proceedings and the victim acts as a witness. In a civil case, the victim controls essential decisions shaping the case, including whether to sue, accept a settlement offer or go to trial, according to The National Center for Victims of Crime.
In the criminal justice system, cases begin only after a crime is reported to law enforcement.
The civil justice system is not about determining the innocence or guilt of an offender. Instead, a civil case is an attempt to determine whether an offender or a third party is responsible for injuries as a result of the crime. If a judge or jury finds in a survivor’s favor, the defendant must pay the victim or their family damages to help victims rebuild their lives, and hold defendants directly accountable to the victim.
In civil cases, the plaintiff must prove there is a 51% or greater chance that the defendant committed all the elements of the wrong, according to The National Center for Victims of Crime.
What if a rapist is found not guilty of a crime in criminal court?
It is possible to find the defendant liable in a civil case even though a verdict of “not guilty” was rendered in the criminal case. However, a rapist cannot be prosecuted again for criminal charges even if a civil case finds them liable.
What is the difference between rape and sexual assault?
Mirriam-Webster defines rape as unlawful sexual activity and usually sexual intercourse carried out forcibly or under threat of injury against a person’s will or with a person who is beneath a certain age or incapable of valid consent because of mental illness, mental deficiency, intoxication, unconsciousness, or deception.
The Rape, Abuse & Incest National Network defines rape as a form of sexual assault, but not all sexual assault is rape. The term rape is often used as a legal definition to specifically include sexual penetration without consent. For its Uniform Crime Reports, the FBI defines rape as “penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.”
Sexual assault is defined as causing another individual to be subjected to sexual contact without consent.
RAINN defines sexual assault as sexual contact or behavior that occurs without explicit consent of the victim. Some forms of sexual assault include: Attempted rape, Fondling or unwanted sexual touching, Forcing a victim to perform sexual acts, such as oral sex or penetrating the perpetrator’s body, Penetration of the victim’s body, also known as rape.
