When a survivor of sexual abuse reports what happened, the criminal justice system often takes center stage. An arrest is made. Charges are filed. The public hears about prosecution. But what many people don’t realize is that the criminal process does not, and cannot, do everything.
This is when a civil lawsuit and the legal guidance of a compassionate and skilled school sexual abuse lawyer can help.
Below, our colleagues from Kellogg & Van Aken LLP discuss why civil lawsuits still matter even when there is a criminal charge or conviction.
The criminal justice system is designed to punish the abuser. A district attorney prosecutes the case on behalf of the state. The focus is on proving guilt beyond a reasonable doubt, and the outcome is often prison time or registration as a sex offender.
A civil lawsuit, on the other hand, is brought by the survivor, not the government. Its purpose is to hold not only the abuser accountable, but also any individuals, institutions, or systems that enabled the abuse through negligence, inaction, or cover-ups. In a civil case, the survivor can seek:
- Financial compensation for therapy, lost education, or future care
- Accountability from schools, youth organizations, churches, or employers
- Public acknowledgment and institutional change
Unlike criminal cases, civil cases have a lower burden of proof—typically a “preponderance of the evidence”—meaning it is more likely than not that the abuse occurred. This opens the door for survivors to pursue justice even when criminal charges are not filed or do not result in a conviction. Many survivors find this legal route more validating because it centers their experience rather than the government’s agenda.
Why File A Civil Suit If There’s Already A Criminal Case?
Because justice is not one-size-fits-all. Criminal cases may result in plea deals, not-guilty verdicts, or minimal jail time. They also rarely address the role of institutions that failed to act. A civil case gives survivors a voice in a process centered around their harm, not just the state’s interests.
In civil court, survivors can hold entire systems accountable for the culture of silence, cover-up, or institutional neglect that allowed abuse to occur. These lawsuits can lead to real-world reforms, such as new safety protocols, mandatory reporting training, or the removal of leadership that enabled misconduct.
Civil Cases Offer Control And Closure
In a civil lawsuit, the survivor is a party to the case. They make decisions about whether to settle, what evidence to present, and how to tell their story. For many, this agency is a vital part of the healing process.
Accountability Can’t Stop With The Perpetrator
Schools often ignore warning signs. Youth organizations brush off complaints. Churches protect their own. Civil litigation is often the only tool that forces these institutions to reckon with what they allowed, and to implement change so it doesn’t happen again.
If you or someone you care about has experienced sexual abuse, know that criminal prosecution isn’t the only path to justice. Civil lawsuits empower survivors to seek the accountability and closure they truly deserve.