Sexual Assault Attorneys in Austin

Criminal Law vs. Civil Law

Sexual assault cases can be pursued in both civil and criminal courts. You may have already testified against your assailant in criminal court, or you may have been told that there’s not sufficient evidence to charge them with a sex crime. You might ask yourself, “If the criminal courts are already dealing with the matter at hand, why should I pursue a civil claim?” We can tell you: criminal law and civil law are not the same.

Criminal law is about representing the state and enforcing its laws. When an individual commits a crime, it is classified as a crime against state or federal law, not against you as an individual. Your testimony is important for the case against your attacker, but you are not the one in control of the case. You may get personal closure from your assaulter facing punishment for their crime, but at the end of it all, you will still be left with the costs of your assault.

Civil lawsuits, on the other hand, have to do with your injuries. You’re in control of whether you go after a civil claim, seek a jury award, or make a settlement with your assailant. Most importantly, the outcome of a civil claim is about catering to your needs. If you want to seek civil justice for the sexual violence you faced, you should reach out to an Austin sexual assault lawyer for assistance.

Holding Abusers Accountable

After sexual assault occurs, you can work to hold your abuser fully accountable for the pain that they have caused you, and you can fight to get compensation for what you’ve had to endure. You may also be able to hold other negligent parties liable, like schools or employers who should have done more to keep you safe. 

You can make a difference for future cases like yours. If you’ve been sexually abused or sexually assaulted, we can help you seek justice.

Even if a criminal court found your attacker not guilty, you can still file a civil claim against the assaulter to hold them accountable for sexual abuse. 

Criminal courts have a higher standard of proof than civil claims: the party accused has to be proven guilty beyond a reasonable doubt. This can make it more difficult to hold someone accountable for criminal sexual conduct.

For civil claims, the defendant must be found reasonably likely to have caused damages. Essentially, it is much easier to prove that your assaulter caused you damage in a civil claims court.

Throughout the trial process, the evidence in your favor will hold more power and may end in a positive result. Civil trials can offer personal closure that a criminal trial failed to provide while directly supporting your needs legally and financially.