Filing a Sexual Abuse Civil Lawsuit Following a Criminal Trial

Seeing a sexual abuse perpetrator walk free after a criminal trial can often be very traumatizing to the survivors of the sexual abuse by that person. It may seem like the end of the line in terms of seeking justice, however, if the survivor can pursue a sexual abuse injury civil case against the perpetrator it does not have to be. But is it possible to pursue a civil trial when a criminal did not end well?

As long as the civil lawsuit is within the statute of limitations, and other statutory requirements have been met, there is generally nothing that precludes a civil trial from being filed after a criminal trial has ended, regardless of the outcome. There are different time limits for adult and minor child survivors. 

The preceding criminal case is not linked to the civil case in such a way that a dismissal or acquittal in the criminal case means that the civil case will fail. However, when a criminal trial ends in a conviction, it is more likely that the civil lawsuit will be successful. The burden of proof is different in the criminal trial, and a civil trial requires less evidence to show that the same conduct occurred. The evidence still has to show that it is more likely than not that the conduct the perpetrator is accused of occurred at his or her hands. Furthermore, the burden of proving this is on the plaintiff.

Attorney Robert Allard has handled numerous cases of sexual abuse in dozens of school districts throughout the Bay Area. He believes that parents need to be more aware of the dangers that currently exist to children at school. Mr. Allard and other community leaders are also pushing the state of California to increase awareness training for teachers, helping to spot sex abuse and other red-flag behaviors among their colleagues. “Teachers or educators who figure out excuses how to isolate children in between classroom periods or after school—that’s a warning sign,” Allard told NBC Bay Area.

If you would like to discuss how you can take action against someone who sexually abused you or a minor child in your care, Mr. Allard and the rest of our team is equipped to help you. For a free consultation, contact the experienced legal team at Cerri, Boskovich & Allard, serving Santa Clara County, San Mateo County, Monterey County, Alameda County, San Benito County, and the Bay Area.