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What Are the Differences Between Civil and Criminal Sexual Abuse Cases in Pennsylvania?
It won’t surprise people that sexual abuse cases are often criminal cases. After all, the act of sexual abuse is understood by most people to be against the law. But there are also times when a sexual abuse case can be a civil case rather than a criminal case, or it can be both at once. There are several differences between the two that are vital to know if someone has been sexually abused and wants to seek justice.
Criminal sexual abuse cases. When someone is accused in a criminal sexual abuse case, the entity filing the case isn’t the victim but the state through the prosecutor’s office. In this case, the accused is considered innocent until proven guilty and must be proven guilty beyond a reasonable doubt. If the accused is found guilty and convicted, they could face jail time, fines, and fees. This means that essentially, it’s the state versus the abuser, and if the state wins, it hands down punishment.
Civil sexual abuse cases. In these cases, the victim files a lawsuit against the accused. Unlike a criminal case, there’s no presumption of innocence. Instead, the victim has a lower threshold of proof required, known as a “preponderance of the evidence.” Rather than proving beyond a reasonable doubt, they need only to prove that the abuse was more likely to be true than not. Sometimes, this is described as the 51% portion of truth. In this case, it’s the victim versus the abuser. If the abuser is convicted in a civil case, the result isn’t jail but financial damages payable to the victim.
Can an Abuser Face a Civil and Criminal Trial for the Same Crime?
Yes. This is not what’s known as double jeopardy, which is when someone is prosecuted twice for the same crime. Double jeopardy would be involved if someone faced multiple criminal cases for the same crime. But a crime that’s legally pursued as a criminal and a civil case is not double jeopardy, meaning the accused could have two cases going simultaneously.
It’s also not uncommon for the accused to face a criminal case first and then a civil case later. One reason for that is while it’s the same crime, it’s being approached by two different entities that have a vested interest in pursuing it: The state, which wants to punish abusers and deter others, and the victim, who wants to receive damages for the abuse.
What Types of Financial Damages Can Be Awarded in a Civil Sexual Abuse Conviction?
There are several types of damages a victim can sue an abuser for through a civil case, both economic and non-economic.
Economic Damages
These are actual financial losses suffered by the victim as a result of the abuse.
- Out-of-pocket medical and therapy costs.
- Lost wages if they had to take unpaid time off work.
Non-Economic Damages
These are damages awarded for reasons other than direct financial losses due to the abuse.
- Pain and suffering.
- Psychological damage.
- Damaged family relationships.
- Punitive damages (when a judge adds damages to financially punish the abuser as a deterrent to them doing it again and as a deterrent to other would-be abusers).
What Is the Statute of Limitations on Filing a Civil Sexual Abuse Lawsuit?
A statute of limitations is the legal time frame in which a case must be filed to proceed. If it’s filed after the statute of limitations has elapsed, it likely won’t be heard in court.
Different types of crimes and cases have different statutes of limitations:
- For criminal sexual abuse, the prosecutor (with the state) needs to begin legal proceedings within two years of the date of abuse. That’s for criminal charges.
- For civil lawsuits, where the victim sues the abuser directly, the statute of limitations is more complicated. There are different limitations depending on the ages of the victims:
- For abuse that happened in 2019 or later to someone under 18 (their age at the time of the abuse), the victim has until their 55th birthday to file a civil lawsuit.
- For abuse that happened in 2019 or later to someone aged 18-24 (their age at the time of the abuse), the victim has until their 30th birthday to file a civil lawsuit.
- For abuse that happened in 2019 or later to someone 25 and older, the statute of limitations is the same as it was for all adults prior to 2019: They have two years from the date of the abuse to file a civil lawsuit.
It’s crucial to understand that these statutes of limitations took effect in 2019 and are not retroactive. For example, a 19-year-old who was abused prior to 2019 would still be tied to the two-year statute of limitations that was in effect at the time of the abuse, not the updated version. If you have questions, contact an experienced civil sexual abuse attorney.
What Should I Do if I Need to File a Civil Sexual Abuse Case?
Call Andreozzi + Foote at 866-311-8640 for a free, confidential consultation. We know how traumatic this experience has been, and our team of knowledgeable, experienced attorneys is here to guide you through the complexities of a civil case.
We understand this is a painful time. We take confidentiality very seriously, and we can guide you through the specifics of your case to determine what approach could lead to the best possible outcomes.
