Sexual Assault Lawsuits: Civil vs. Criminal

January 14, 2026

Sexual Assault Lawsuits: Civil vs. Criminal

For sexual abuse survivors, justice in the criminal courts is rare. An NBC News investigation found that in some cities, fewer than 4 percent of cases ever end in convictions. That means the majority of survivors will never see their abusers go to prison.

As a result, many survivors find the civil court system is the best path forward. Filing a sexual assault lawsuit allows them to take back some control and provides a way to recover monetary and emotional damages.

Criminal Cases: Limited Accountability

In criminal cases, the state brings the charges, not the survivor. It’s up to prosecutors to decide whether charges move forward, and the burden of proof is high – “beyond a reasonable doubt.” As a result, many cases never progress, and the abuser remains free.

That’s why more survivors of sexual assault are now turning to the civil justice system. Unlike criminal court, civil cases put the power back in their hands, allowing them to take action, hold perpetrators and institutions accountable, and pursue the financial support needed for recovery.

Civil Sexual Assault Lawsuits: Can You Sue Someone for Sexual Assault?

Civil sexual assault lawsuits shift the focus. Instead of proving guilt “beyond a reasonable doubt,” the standard is a “preponderance of the evidence.” That means jurors must agree it is more likely than not that the abuse occurred.

Survivors can also file civil sexual assault lawsuits not just against the perpetrators, but also against institutions or organizations that failed to protect them. For example, survivors have successfully pursued cases against schools, churches and detention facilities that ignored warning signs or allowed abuse to continue. Survivors recently reached a $4 billion settlement with L.A. juvenile detention facilities.

The benefits of pursuing a civil sexual assault lawsuit include:

  • Financial compensation
  • Accountability for institutions
  • Greater control for survivors

Simply put, a civil lawsuit can answer the question many survivors ask: Can you sue someone for sexual assault? The answer is yes. In doing so, survivors may gain both validation and resources to rebuild their lives.

The Role of Sexual Assault Lawsuits in the Path to Justice

Ideally, criminal prosecutions and civil lawsuits should work hand-in-hand, but that rarely happens. So, when the criminal system falls short, civil litigation can step in to fill the gap. This is where an assault victim attorney, a victims’ rights attorney, or lawyers for assault victims can help survivors understand their options and move forward.

Justice for sexual abuse victims doesn’t always result in a criminal conviction, victims rights attorneys say. Survivors deserve more than waiting for a prosecutor to act. Civil lawsuits offer another path—one that provides resources for recovery, holds perpetrators and institutions accountable, and gives survivors a measure of control.

What Can a Sexual Abuse Lawyer Do for You?

Our sexual assault attorneys work one-on-one with survivors, providing experienced legal support in a safe, confidential environment. With a long track record of fighting on behalf of those harmed by individuals, organizations, and institutions, our lawyers for sexual assault victims are here to help you seek the justice you deserve.

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