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You are here: Home / Sexual Assault / Litigating Civil Sexual Assault Cases

Litigating Civil Sexual Assault Cases

Todd P. Emanuel November 11, 2020 Leave a Comment

While sexual assault is a heinous crime that carries with it severe criminal penalties, it is also possible for a victim of sexual assault to file a civil lawsuit against the perpetrator. However, such a lawsuit, since it does not involve auto, workers’ compensation, or other insurance, means that any awarded compensation will come from the perpetrator’s own assets. Even so, a sexual assault often means that the victim will be in need of extensive therapy and support, which can be expensive. That is why it’s a smart idea to consult with a sexual assault lawyer who can evaluate your case to determine whether it is feasible to pursue civil action instead of or in addition to criminal charges.

A Different Standard of Proof

For those who are considering filing a civil lawsuit against a sexual assault perpetrator, it should be understood that, in a civil lawsuit, it is easier to show that the perpetrator is guilty of the crime than it is in a criminal trial or investigation. This is because civil cases require a different standard of proof than do criminal cases, and this standard is actually lower. In a criminal case, it must be proven “beyond a reasonable doubt” that the perpetrator is guilty of the crime, but in a civil case, it must only be shown that this perpetrator is guilty by a “preponderance of the evidence”, or is more likely to have committed the crime than to not have committed it. It may also be easier to win a civil lawsuit against a sexual assault perpetrator if he/she has already been charged and shown to be guilty in a criminal case.

Call to Schedule a Free Consultation With a California Sexual Assault Lawyer Today

If you are the victim of a sexual assault and you are seeking justice as well as compensation, call to schedule a free consultation with a California sexual assault lawyer today. The compassionate legal professionals at the Emanuel Law Group will evaluate the evidence in your case to determine how you can best be served after experiencing this terrible crime. We are dedicated to helping you find justice so that you can move forward with your life.  Check out our web page at Siliconvalleylawyer.net or give us a call at 1-800-308-0870 and let our legal experts give you the guidance and support you need.

Filed Under: Sexual Assault

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