Pursuing Justice: How Civil Sexual Assault Cases Differ from Criminal Cases in Texas

No one will ever quite understand what you’ve been through as the survivor of a sexual assault. But there are aspects of your personality that attorneys who work with victims recognize. We know you are strong. We know you are resilient.

And we know that you are entitled to justice. Unfortunately, it can be extremely difficult to obtain that justice through the criminal courts. Our legal system is set up to protect the rights of those accused of crimes, and sometimes that means that a mistake in police procedure can enable an individual who has committed sexual assault to escape conviction. Other times, prosecutors cannot gain a conviction because they aren’t able to present evidence in a way that establishes guilt beyond a reasonable doubt.

But while these problems may enable the perpetrator of a sexual assault to avoid prison, they don’t necessarily enable the perpetrator to walk away free and clear. You have the opportunity to seek justice yourself by filing a civil lawsuit, which is handled under entirely different standards than a criminal case.

To understand why you can succeed in obtaining retribution through a civil lawsuit even if a criminal lawsuit fails, it is necessary to look at the difference between the ways civil sexual assault cases and criminal sexual assault cases are handled in Texas.

The Focus is Different

In a criminal case, the victim of a crime is merely a tool prosecutors use to help prove that the person on trial has committed the crime they are accused of. The focus of the case is on proving the elements of the crime. Prosecutors will present evidence to demonstrate that every element of the offense is satisfied, and defense attorneys will attempt to raise doubt about whether each element is proven beyond a reasonable doubt, which is an extremely high burden of proof.

No one really cares about how the victim feels – the focus is simply on proving or disproving the guilt of the accused person.

In a civil case involving sexual assault, the focus is completely different. The civil justice system is dedicated to rectifying wrongs perpetrated by one person against another. If someone wrongfully took money from your wallet, for instance, you could sue them in civil court, and the judge would order them to pay back the money you lost. Of course, the issue of justice is not as simple when the wrongdoing involves physical or emotional harm. The judge can’t turn back time and undo the damage. The only real remedy in most cases is to award money for each aspect of suffering caused by the negligence, recklessness, or deliberate wrongdoing.

Money can’t erase your memories, but it can provide the resources you need to help you move forward after your horrendous experience. Perhaps more importantly, it provides a sense of justice and closure.

In a civil lawsuit, you are the plaintiff bringing the legal action, and the focus is on recognizing the losses you have suffered.

The Legal Standards are Different

There are three standards commonly used to determine which side “wins” a legal case. The one most people are familiar with is the “beyond a reasonable doubt” standard used in criminal court. While there’s no official numerical equivalent, it’s generally held to mean that the case presented in court must show that it’s about 99% certain that the person accused committed the crime. That’s a tough standard to meet in an imperfect world. Any reasonable doubt means that the court must find the defendant “not guilty.”

In a few civil cases where personal rights are at stake, the court may require a more moderate level of certainty. A case must be proven by “clear and convincing evidence.” However, in most civil cases, the case against the defendant does not need to be nearly as certain. The lowest standard of proof applies. The plaintiff’s attorney must demonstrate liability only by a “preponderance of the evidence.” That means they must show it is more likely than not that the defendant was responsible for the harm at issue in the case. Instead of having to meet a standard of 99% certainty, it is only necessary to show certainty at a level of 51%.

Additionally, the standards can often be less stringent in other areas as well. For instance, evidence presented in a criminal case must often be shown to have been kept safe through an irrefutable chain of custody. Evidence admitted in a civil case, by contrast, merely needs to be shown to be what it purports to be in a way that satisfies the judge.

You’re in Control and You Stand to Benefit

In a criminal case, the police collect evidence, and the prosecutor determines whether there is enough to charge the accused person. The prosecutor may have other cases they’d rather focus on, so they might drop the case or cut a deal to get the matter off the docket.

But in a civil case, you decide whether to pursue the case and whether you want to settle out of court. Your attorneys will be guided by your choices. Whether you decide to settle or take the matter to trial, you can obtain compensation that can serve your needs as you work through the trauma. If you need to take time off work, for instance, or you need to get away for a while, the compensation from a lawsuit can reduce your worries about financially handling the loss of income or added expenses.

In addition, in a civil lawsuit, you don’t have to pay any attorneys’ fees up front. When your legal team succeeds in obtaining compensation, their fees are deducted from your damage award. If they don’t win your case, you owe no fees.

DeKeyzer Law Can Help You Obtain Justice Through a Civil Sexual Assault Case

At DeKezyer Law, we have extensive experience fighting for justice for victims of sexual assault, so we know how traumatic the process can be. We are ready to help with compassion and discretion.

Whether you already know that you want to pursue a civil claim or you just want to learn more about the process, we invite you to schedule a free, confidential consultation where you can ask questions and speak freely without worry. Please call us at 713-904-4004 or contact us online to schedule a time for a private conversation.