Can I Sue if the Sexual Abuser Was Criminally Charged?

When a victim of sexual abuse seeks to file a civil lawsuit against their abuser, there are several important aspects to consider. One question we’re often asked is if they can sue if their sexual abuser was criminally charged.

Yes, you can sue your abuser for compensation if your abuser was criminally charged. You can reach out to a New York sexual abuse lawyer for advice on how to proceed. While you can sue someone even if they’re a criminal defendant, it’s not always worth your time to sue.

A free consultation with Morelli Law can answer your questions about pursuing justice and financial compensation for your sexual abuser. Continue reading to learn more about how civil and criminal cases intersect, then contact us for a free consultation.

Differences Between Civil and Criminal Proceedings

Civil and criminal proceedings are two separate actions. A victim can seek damages in a civil case regardless of the outcome of the criminal case. Civil lawsuits have a lower standard of proof, which means it is easier to win a civil lawsuit than a criminal trial.

Civil lawsuits aim to compensate victims for damages like pain and suffering, medical expenses, lost wages, and many other costs. In some cases, like with sexual abuse, a civil court may also decide to award you extra money to punish the defendant. These are called punitive damages.

If you win your civil lawsuit, your abuser will have to pay you compensation. If your abuser loses their criminal trial, then the state can apply many punishments. For example, a criminal court can order something called restitution. This is an area where the outcome of a criminal trial can affect your civil claim.

Restitution in Criminal Cases

Restitution is also intended to compensate victims financially for the losses suffered as a result of the crime. This is limited to direct economic losses, like paying for counseling, medical bills, and lost wages.

Civil lawsuits can seek a broader array of damages, but they also can cover the same things restitution covers. Generally, laws forbid victims from receiving a “double recovery” from both the criminal and civil courts for the same crime.

Therefore, your sexual abuse lawyer will need to work carefully with the criminal court to understand how restitution may affect your claim. Civil judgments can cover the rest of your damages that restitution doesn’t cover.

What Additional Damages Could I Get Outside of Restitution?

Here are some additional damages that are not covered by restitution but can be claimed in a civil lawsuit:

• Pain and Suffering: Compensation for the physical and emotional distress resulting from the abuse.
• Emotional Distress: Specific damages for psychological impacts such as anxiety, depression, and post-traumatic stress disorder.
• Loss of Enjoyment of Life: Damages for the victim’s diminished ability to enjoy the daily pleasures of life.

By pursuing these damages in a civil lawsuit, victims can seek a more comprehensive form of justice that acknowledges and compensates for the full scope of their suffering and losses.

How Will My Abuser’s Criminal Trial Affect My Lawsuit?

As explained earlier, you can still sue even if your abuser is declared not guilty. However, if the defendant is found guilty your civil lawsuit will be much easier and faster to win. This is due to the differences in evidentiary standards.

Criminal trials must prove someone was guilty “beyond a reasonable doubt.” Civil lawsuits only need to show that the defendant more likely than not, did the things you’re accusing. This is called a “preponderance of the evidence” standard.

If the two trials are going on at the same time, your lawyer can coordinate with the criminal court to share evidence and time the trials so that both can move as swiftly as possible. The timing of the two cases will be essential to help your sexual abuse lawyer plan strategy.

Can My Abuser Even Pay Me?

Most civil lawsuit awards are paid for by insurance companies. While there is specialized sexual abuse & molestation insurance coverage (SAM/SML), this is usually carried by institutions, not individuals.

If there is no insurance coverage, the defendant must pay you. This can make it challenging to recover compensation if they don’t have the money to pay. Both civil and criminal courts have ways to force victims to pay restitution or compensation, but it may take a long time to get paid back.

The ability of an accused sexual abuser to pay their victim will be important to discover before starting your claim. A skilled sexual abuse lawyer at Morelli Law can help you understand your legal options for a civil lawsuit.

Speak With a Lawyer for Further Advice

Yes, you can sue if your sexual abuser was criminally charged. You do not have to wait for their criminal case to finish before suing. However, case timing, restitution awards, and the ability of the defendant to pay may affect how to proceed.

Speak with a sexual abuse lawyer in New York for further advice on how to proceed with your sexual abuse claim. Contact Morelli Law anytime to schedule a free consultation.