Civil Claims for Sexual Assault in Nevada: How They Differ from Criminal Cases
In Nevada, the criminal justice system and the civil justice system are two entirely different beasts with different rules, different goals, and most importantly, different standards of proof.
At Mainor Ellis Injury Lawyers, we see survivors who have been let down by the criminal process but find their voice and their power through a civil lawsuit. A civil claim isn’t about “punishing” a crime with jail time. It’s about forcing the responsible parties to pay for the damage they’ve caused.
The Standard of Proof: Probability vs. Certainty
The biggest hurdle in a criminal case is the “Beyond a Reasonable Doubt” standard. This is the highest bar in our legal system, requiring a jury to be almost 100% certain of guilt before they can take away someone’s freedom. In many sexual assault cases, where there are no witnesses and the physical evidence is complex, that bar is incredibly difficult to clear.
Civil cases operate on a much lower threshold called a “Preponderance of the Evidence.” To win a civil claim, we don’t need to prove the assault beyond a shadow of a doubt; we only need to show it is “more likely than not” (roughly 51%) that the assault occurred.
This lower bar is why someone can be acquitted in a criminal court but still be held liable in a civil court for millions of dollars in damages. Our Las Vegas sexual assault lawyers utilize this lower standard to hold perpetrators and the institutions that protected them accountable.
Who Is In Control?
In a criminal case, the survivor is a witness, not a party to the suit. The District Attorney (the prosecutor) decides whether to file charges, what plea deals to offer, and whether to go to trial. If the State decides your case isn’t “winnable,” you have zero say in the matter.
In a civil case, you are the boss. As the plaintiff, you decide when to file, which parties to sue, and whether to accept a settlement. You have the power to subpoena records, depose witnesses, and tell your story on your terms. At Mainor Ellis Injury Lawyers, we work for you, not the government. We focus on uncovering:
- Third-party negligence: Did a hotel, nightclub, or apartment complex have inadequate security that allowed the assault to happen?
- Institutional cover-ups: Did a school or workplace know about the perpetrator’s history and fail to act?
- Financial liability: Under NRS 41.13965, anyone who knowingly benefits from a venture involving sexual exploitation can be held liable for damages.
One of the most significant shifts in Nevada law recently involves the statute of limitations. For years, survivors were silenced by arbitrary deadlines that expired before they were ready to speak. Today, under NRS 11.215 and related amendments, there is generally no statute of limitations for adult survivors to sue their perpetrator for sexual assault. If the harm happened ten years ago or twenty, the door to the civil courthouse remains open.
We’re Here to Be Your Voice
The criminal justice system is designed to protect “the public,” but the civil system is designed to protect you. You aren’t just a number on a police report. You are an individual who has suffered a life-altering injury.
At Mainor Ellis Injury Lawyers, Bradley S. Mainor and Adam Ellis bring decades of experience in holding the powerful accountable. We fight to ensure the financial burden of your trauma is shifted off your shoulders and onto the people responsible.
If you are a survivor of sexual assault and are looking for a way to reclaim your power and secure your financial future, do not wait for the criminal system to act. Contact Mainor Ellis Injury Lawyers today at 702-450-5000 for a free and strictly confidential consultation.
Source:
leg.state.nv.us/nrs/nrs-041.html
