What is the Difference Between Sexual Abuse Criminal Case and Civil Suit?
Cases of sexual abuse, especially in the Catholic Church have become rampant with many people filing lawsuits against the priests. If you are a victim of San Diego priest abuse, you need to know that you deserve justice. That means getting a legal representative to assist you through the case. A personal injury lawyer helps sexual assault victims to file cases against the abuser and takes them through the complicated process of getting compensation. However, you should know that your case can take two courses. One, you can file it through the criminal justice system or two, through private lawsuits. The main difference between these two courses is the person handling the case and the amount of evidence required to prove the accuser guilty.
What is a Sexual Abuse Criminal Case?
If you have been sexually abused, you can choose to report the case to the authorities and have the perpetrator arrested. If the investigations from the law enforcers show that the person is a potential suspect and arrests them, they will be charged. For the person to be convicted, the prosecutor must provide proof beyond reasonable doubt that the accused committed the crime. The accused will then face charges or imprisonment if found guilty. A criminal case differs from a civil lawsuit in this way; the criminal does not compensate the victim. Additionally, the victim has no say about how the case is conducted or concluded. So, everything falls under the control of the prosecutor.
Criminal cases are brought forward by the state and not a survivor or a representative. So, it is crucial to have an attorney to back you up in court during a criminal case. The lawyer can also work with the prosecutor without having to pass through the court process and have the abuser heal accountable. If the verdict of the case goes against the victim’s will, they can still file a civil lawsuit with the help of a personal injury attorney.
What is a Sexual Abuse Civil Lawsuit?
When it comes to a civil lawsuit, the main aim is not to determine if the accused is guilty. The main intention is to prove that the defendant is liable for the victim’s injures. So, the case is filed on behalf of the survivor in a civil court and the result of the case is determined by the strength of the evidence. if the judge and the jury can determine that the accused actually committed the crime, they look at the damages incurred and determine if the award sought by the victim is fair. Because of their success, civil cases are the best way to seek justice in a sexual abuse case. One thing you should know is that the victim, together with their legal representative must provide sufficient evidence to prove the liability of the defendant. The amount of evidence is then used to decide if the victim deserves the compensation.
When dealing with a sexual abuse case, it is crucial to have an experienced attorney. This is because the process is often complicated and because of the amount of evidence required to prove liability. In such a case, the victim can decide to press criminal charges or file a lawsuit depending on what they want to happen to the perpetrator.