Sexual misconduct cases that are filed as civil lawsuits can result in various types of compensation. The three main categories of compensation that can be available are economic damages, non-economic damages, and punitive damages. Economic damages are generally easy to calculate and are based on actual expenses incurred from the misconduct alleged. This includes medical bills, counseling bills, and other money owed from the harm and injuries that resulted from the allegations. Non-economic damages are not as easy to calculate because they are based on the effects of the alleged conduct. This includes things like pain and suffering, mental anguish, and loss of enjoyment of life. It is common for a court to award both economic and non-economic damages if a plaintiff is successful in his or her lawsuit. Punitive damages, however, are not as commonly awarded by the court. Punitive damages are ordered when the court finds the conduct to be especially outrageous and harmful. These are damages that are ordered on top of any compensatory damages that are awarded. Punitive damages are ordered as a way to punish the offender and to deter others from committing similar future conduct. Make sure to speak to an experienced attorney who can help you evaluate how much your case is worth monetarily. 

Civil litigation and criminal prosecution can both offer justice to a victim of sexual assault, but in different ways. Criminal sexual misconduct can result in significant prison time, sex offender registry, and other monitoring deemed fit by the court. The burden of proof in a criminal case is the highest level available in American law. For a prosecutor to secure a conviction against someone for a criminal sexual offense, the prosecutor must prove the defendant’s guilt beyond any reasonable doubt. When an act of sexual misconduct is litigated through a civil lawsuit, the major punishment levied against the defendant is monetary. For an alleged sexual abuse victim to win a lawsuit against an accused, the alleged victim must prove the misconduct by a preponderance of the evidence. This means that it must be proven that the allegations are more likely than not true. Civil and criminal cases operate independently of one another, and a criminal case is not required to file a civil lawsuit. A criminal conviction, however, can be used as evidence of guilt in a civil proceeding. Make sure you speak to an attorney if you are involved in any allegation that can result in a courtroom.

Finding a website like ours can be helpful for general research, but the information found here should never be a substitute for professional and experienced legal advice. If you have suffered harm from sexual misconduct, then first document as much information and details about the incident(s) and the people involved as possible. It is common for there to be multiple victims if the accused works among young people. If you have been accused of sexual misconduct, then make sure to call an attorney before you speak to anyone about any allegations. Your statements can be used against you in both civil and criminal court. Then make sure that you seek the advice of an experienced attorney to answer your legal questions. If you have legal questions, then call us so we can help!