Civil Lawsuits vs. Criminal Charges in Sexual Assault Cases: What’s the Difference?
Sexual assault is a traumatic and deeply personal experience that can lead to both criminal charges and civil lawsuits. While these legal processes often involve the same incident, they serve very different purposes. At Mainor Ellis, our Las Vegas Sexual Assault Attorneys believe it’s important for survivors and their families to understand the distinctions between criminal and civil proceedings, especially when considering options for justice and compensation.
Criminal Charges: Prosecuting the Offender
Criminal charges in sexual assault cases are brought by the state of Nevada, not the victim. The goal of a criminal case is to determine whether the accused committed a crime and, if found guilty, to punish them through penalties such as imprisonment, probation, or registration as a sex offender. In Las Vegas, as elsewhere, the burden of proof in a criminal case is very high—“beyond a reasonable doubt.”
The prosecutor, not the survivor, controls the case. While a victim’s testimony is often vital, the state ultimately decides whether to file charges and how to proceed. If convicted, the offender may face serious consequences, but the survivor typically does not receive financial compensation through the criminal justice system.
Civil Lawsuits: Seeking Compensation and Accountability
In contrast, a civil lawsuit is filed by the survivor against the perpetrator—and in some cases, against third parties such as institutions or property owners whose negligence may have played a role. The purpose of a civil case is not to punish the wrongdoer criminally, but to hold them financially accountable and to compensate the survivor for their suffering.
Damages in civil sexual assault cases may include:
- Medical and therapy expenses
- Lost wages and diminished earning capacity
- Pain and suffering
- Emotional distress
- Punitive damages (in some cases)
The burden of proof in civil court is lower than in criminal court. Plaintiffs must prove their case by a “preponderance of the evidence,” meaning it is more likely than not that the assault occurred. This makes civil court a potentially more accessible path to justice for some survivors, especially in cases where prosecutors decline to file charges or a criminal trial results in acquittal.
Survivors Can Pursue Both
Importantly, a survivor can pursue both a criminal complaint and a civil lawsuit arising from the same incident. These are independent processes with different standards and outcomes. A well-known example is the O.J. Simpson case, where he was acquitted in criminal court but found liable in civil court.
In Nevada, the statute of limitations for civil sexual assault claims may vary depending on the age of the victim and the circumstances of the case. Consulting with an experienced attorney is crucial to ensure your rights are protected and deadlines are met.
We’re Here to Help
At Mainor Ellis, we are committed to helping survivors of sexual assault understand their legal options and pursue the justice they deserve. If you or a loved one has experienced sexual violence, our compassionate legal team in Las Vegas is here to provide guidance and advocacy.
Contact us today to schedule a confidential consultation and learn more about how we can support you through both civil and criminal legal processes.
