Civil Sexual Assault Cases are Subject to the Preponderance of Evidence Standard (Here is What that Means)
Sexual assault is a serious crime in Florida. A person arrested for sexual assault is still presumed innocent until proven guilty beyond a reasonable doubt. The assailant and/or a negligent third party may also be sued civilly. However, civil claims are subject to the preponderance of evidence standard instead of the reasonable doubt standard. Here, our West Palm Beach civil sexual assault lawyer provides a guide to the preponderance of evidence standard in Florida.
Preponderance of Evidence: Defined
As a starting point, it is useful to define the term “preponderance of evidence” from a legal perspective. The preponderance of evidence standard means that the victim must show it is more likely than not that the assault occurred. For that reason, you may hear this standard described as one that requires proving the claim by even a 51 percent likelihood. Unlike criminal cases, civil proceedings do not require proof beyond all possible doubt. Instead, the court weighs the credibility and strength of each side’s evidence and determines which version of events is more convincing. The presumption of innocence that you associate with a criminal case does not apply to a civil case. Instead, both plaintiffs and defendants have a more “level” playing field. There is no higher burden.
How Preponderance of Evidence is Different than Reasonable Doubt
The reasonable doubt standard used in criminal prosecutions is far higher than the preponderance standard. Prosecutors must eliminate all reasonable uncertainty to convict a defendant. That can often make sexual assault cases difficult to prove. There is a good reason for that. Taking away a person’s freedom is a huge step. The criminal justice system has a higher burden of proof.
On the other hand, civil cases, including civil sexual assault cases, are subject to a lower evidentiary threshold. The reason is that the outcome involves monetary liability rather than outright imprisonment. In a civil proceeding, the question is not whether the accused must be punished criminally but whether they should be held financially/legally responsible.
The Big Implications for Victims: You Can Prove Civil Liability Without a Criminal Conviction
One of the most important implications of the preponderance of evidence standard is that a victim can win a civil case even if no criminal conviction occurs. A criminal acquittal does not prevent a civil lawsuit because the standards of proof are different. Through a civil action, victims can hold both perpetrators and negligent third parties (such as businesses, property owners, schools, or employers) accountable for allowing the sexual abuse to happen.
Contact a Compassionate Florida Civil Sexual Assault Lawyer Today
At Pike & Lustig, LLP, our West Palm Beach civil sexual assault and battery lawyers put victims first. If you have any questions about a civil sexual assault claim, we are here to help. Call us now or contact us online for a free, confidential consultation. From our offices in West Palm Beach and Miami, we handle civil sexual assault cases throughout South Florida.
