How is the Standard of Liability Different in a Civil Sexual Assault Claim versus a Criminal Sexual Assault Charge?
Sexual assault is terrible. Any person that committed the offense—and any party whose negligence allowed it to occur—should be held accountable. The perpetrator may be arrested and charged with a serious criminal offense. The victim may also have a civil claim. There are separate cases—and different standards of liability apply. Here, our Miami sexual battery lawyers explains the difference in the standard of liability between civil sexual assault and criminal sexual assault in Florida.
A Criminal Sexual Assault Charge is Subject to the Reasonable Doubt Standard in Florida
In Florida, any criminal charge—including a sexual assault charge— must meet the “beyond a reasonable doubt” standard. It is the highest standard of proof required in the legal system. Broadly explained, the prosecution bringing a criminal sexual assault charge must provide such conclusive and compelling evidence that there is no doubt left in the mind of a reasonable person about the defendant’s guilt.
A Civil Sexual Assault Claim is Subject to the Preponderance of Evidence Standard in Florida
A civil sexual assault case is not a reasonable doubt case. There is a less high standard of liability. In Florida, civil sexual violence cases are adjudicated under the “preponderance of the evidence” standard. The standard is less rigorous than that used in criminal cases—it requires that the claimant’s evidence merely outweighs the defendant’s. In other words, the plaintiff (victim) must prove that it is more likely than not that the allegations are true. A consequence of the different standards of liability is that it is possible a person could be acquitted of criminal sexual assault while also being held civilly liable for the offense. Famously, something very similar to that happened in the murder case against former NFL running back O.J. Simpson.
Note: A civil sexual assault claim can be filed against the offender and against negligent third parties. Indeed, many civil sexual battery cases in Florida are brought against third parties, such as businesses, property owners, and educational institutions.
Sexual Assault Victims in Florida Have the Right to Seek Compensatory Damages
Civil claims are a key part of the justice process. Sexual assault victims in Florida have the legal right to seek compensatory damages through a civil lawsuit. These damages are intended to cover both economic losses, such as medical expenses and lost wages, and non-economic damages, including pain and suffering and emotional distress. Remember, a negligent third party may bear liability.
Get Help From a Civil Sexual Assault and Battery Lawyer in South Florida
At Pike & Lustig, LLP, our Florida civil sexual assault attorney is compassionate, experienced, and justice-focused. If you or your family member was the victim of sexual violence, we are here to help you navigate the civil legal claims process. Call us now or contact us online for a free, fully private case assessment. We handle civil sexual assault cases throughout South Florida.
