How Does a Criminal Case Impact a Civil Sexual Assault Claim in Florida?
A sexual assault can give rise to both criminal charges and a civil lawsuit in Florida. The two cases are separate, but developments in the criminal matter can affect the civil claim. At Pike & Lustig, LLP, we are strong advocates for victims. Here, our West Palm Beach sexual assault lawyer for victims highlights key things to know about the impact of a criminal case in Florida.
Criminal and Civil Cases Have Different Purposes
To start, it is important for victims to understand that a criminal sexual assault case and a civil sexual assault case will be two separate legal proceedings. A criminal prosecution focuses on punishing the perpetrator for breaking the law. The state brings charges. If convicted, the defendant can face prison time. On the other hand, a civil claim is filed by the victim. The purpose is to provide a path for him or her to seek financial compensation for harm suffered.
Evidence from the Criminal Case Can Support the Civil Claim
While these are separate legal proceedings, they can have an impact on each other. Specifically, the evidence used in a criminal trial may also strengthen a civil lawsuit. Among other things, testimony, police reports, medical records, and forensic findings can help establish liability in civil court. Even if the criminal case is not successful, the evidence collected may still be admissible.
Note: Civil claims have a lower burden of proof. There are cases in which a victim can prevail in civil court even when prosecutors cannot secure a conviction.
The Outcome of the Criminal Case Can Be Relevant, but it Does Not Control the Civil Claim
Victims of sexual assault in Florida should also understand that a criminal case and a civil lawsuit are not bound together. A conviction can make the civil case stronger, but an acquittal does not prevent the victim from moving forward. Civil law only requires proof by a preponderance of the evidence, not proof beyond a reasonable doubt. It is a distinction that helps to ensure that survivors still have a path to justice even if the criminal courts do not impose punishment.
Civil Sexual Assault Lawsuits May Be Filed Against Third Parties
A civil sexual assault lawsuit may be brought against the person who committed a crime. However, they are not necessarily the only defendant. Victims may also bring lawsuits against third parties whose negligence created unsafe conditions. For example, a property owner may be liable for failing to provide adequate security
Call Our Florida Sexual Assault Lawyer for Victims Today
At Pike & Lustig, LLP, our West Palm Beach sexual violence lawyers for victims are standing by, ready to protect your rights. If you have any questions or concerns about the impact of a criminal case, we can help. Call us now or contact us online for a free, no obligation initial case review. We handle sexual assault cases throughout all of South Florida.
