Sexual assault cases exist in both the criminal and civil worlds. If you are a survivor of sexual assault in Texas, seeking justice for what was done to you can be one of the greatest tools to recovery.

These two avenues of justice, criminal prosecutions and civil lawsuits, have many similarities and common factors, including the parties (i.e., the victim and perpetrator) and the evidence. However, there are critical differences in Texas civil vs. criminal sexual assault cases. Let's explore the key distinctions below. 

Purpose of Texas Civil vs. Criminal Sexual Assault Cases

One key difference between the two types of sexual assault proceedings is the very purpose of the case. A criminal case intends to prosecute, convict, and confine the perpetrator for the abuse inflicted on their victim. The purpose is to seek justice for the victim and remove the perpetrator from society.

The purpose of a civil case, on the other hand, can also be to seek justice for the victim but the motive is usually more financial. 

Notably, the two cases proceed independently, but the outcome of one can affect the other. It is also possible to have a criminal case without a civil case and vice versa. 

Civil vs. Criminal Trial Burden of Proof

In a criminal sexual assault prosecution, the burden of proof is much greater than a civil lawsuit. In a criminal case, the State must prove beyond a reasonable doubt that the defendant is guilty of the crime charged. It is the prosecutor's burden to present evidence to prove their case to this degree. Remember, it is the State of Texas that is prosecuting the defendant, not the victim. Typically, the victim will be a witness for the prosecution, but ultimately, the State can proceed even without the victim's consent or presence. 

In a civil lawsuit, the burden is much lower. The plaintiff, usually through their attorney, must show that it is more likely than not that the defendant committed the sexual assault. 

If a defendant is prosecuted and convicted in a criminal case, that can help the plaintiff prove their case in the civil arena. However, while helpful, the defendant doesn't need to be convicted criminally to have a successful civil lawsuit. The plaintiff-victim can still win a civil lawsuit for damages even if the defendant is not found guilty because the burden of proof is much lower. 

Statutes of Limitations in Texas Sexual Assault Cases

Generally, a statute of limitations is a specified time frame for initiating a legal proceeding. They exist in both criminal and civil law and will vary among states.

Civil Sexual Assault Case 

Typically, most personal injury cases in Texas must be brought within two years of the alleged conduct giving rise to the injury. However, because of the sensitive and particularly egregious nature of sexual assault, the statute of limitation is often longer. Practically speaking, this makes sense; victims of sexual assault may be afraid or embarrassed to come forward, and it can take months and even years to speak out finally. Because of this, the deadline for filing a sexual assault civil lawsuit in Texas is typically five years from the date of the offense for adults, but it can be up to 30 years if the victim is a child.

Criminal Sexual Assault Case

The time the State has to file charges against an accused defendant is much different from that of a civil case and can be complicated. Texas law takes sexual assault crimes seriously and allows for a generous amount of time to initiate a prosecution.

While the State must bring most sexual abuse and assault charges within 20 years of the date of the assault, there is a DNA exception. In Texas, if DNA evidence is found during the criminal investigation but has not yet been submitted for forensic testing or if the results do not match the victim or any other person whose identity is readily ascertained, there is no statute of limitation. 

Damages in a Civil Sexual Assault Case

An important distinction between criminal and civil sexual assault cases is the potential consequences. In a criminal prosecution, the victim will not receive monetary compensation if the defendant is found guilty. Instead, the defendant will be punished during the sentencing phase. Typically, with prison time. 

In a civil sexual assault proceeding, if the plaintiff-victim is successful, they will be awarded monetary compensation for the harm they endured.  

If you successfully try a case against your abuser, you may be entitled to significant damages, including:

• Medical expenses for past and future medical treatment,
• Lost wages for time missed from work due to your injury,
• Pain and suffering,
• Emotional distress,
• Loss of enjoyment of life, and
• More. 

An experienced attorney can provide a compassionate and comprehensive assessment of your case to understand better what you might be entitled to if you file a civil lawsuit. 

Experienced Texas Personal Injury Attorneys

At Grossman Law Offices, our personal injury attorneys are well-respected by the community, our counterparts, and the courts. If you are a sexual assault survivor and want to pursue a civil lawsuit against your attacker, we are here to help. Regardless of whether a criminal prosecution occurs, we will stop at nothing to see that you get the justice you deserve. Contact us for a confidential and compassionate consultation today.