If a person is alleged to have committed a sexual assault, the first thing that you should ask is whether it is a civil or criminal assault. There is a difference between these two categories of cases, and the trial will be in civil and criminal cases, respectively. The differences between these two cases affect the procedures and the outcomes of the cases. So we need to know the differences.
This article will study the intricacies of such cases and their procedures. However, one should also remember that criminal sexual assault is also a part of domestic violence if the assaulter is from the family. Therefore, one can hire a domestic violence attorney for such cases and gain more guidance.
What is Civil Sexual Assault?
A civil sexual assault is a case in which the accuser or their attorney decides the direction of the case, presenting the evidence about the damages. It is a case in which the victim files the case in civil court rather than criminal court. It is a distinct process from criminal sexual cases, which are prosecuted by the government and can result in criminal penalties.
In a civil sexual assault case, the victim seeks compensation and justice through the civil courts. The plaintiff or the victim alleges non-consensual sexual misconduct or harassment by the other party.
The main goal of civil assault cases is to obtain compensation for the damages faced by the victim, like medical expenses, therapy costs, lost wages, or punitive damages. In addition to this, these cases also hold the perpetrator accountable for the misconduct.
What is Criminal Sexual Assault?
Criminal sexual assault is a case in which the state is the party rather than the accuser. The accuser does not have to say anything in this case, but it appears as a prosecution.
The legal standard of burden of proof is on the prosecution to prove the guilt of the defendant or the opposite party. If, in this case, the defendant is found guilty, there will be significant penalties, which might include imprisonment, probation, or fines.
The victim, in this case, has to be a witness for the prosecution and testify about the alleged
assault, provide evidence, and answer questions about the prosecution and defense.
It is important to note that civil sexual assault cases differ from criminal assault cases, as civil cases mainly focus on monetary damages initiated by the victim against the perpetrator. On the other hand, criminal assault cases are initiated by the government to punish the perpetrators.