First, in the criminal justice system, the district attorney attempts to prosecute criminals for crimes. In the civil area of the law, a victim can sue without the oversight of a district attorney. And, they are not suing for the same criminal statutes that the district attorney is prosecuting.
Second, the burdens of proof in criminal and civil cases are different. In criminal cases, the district attorney must prove that the defendant is guilty "beyond a reasonable doubt." In civil cases, however, because no one stands to do jail time if found at fault, the burden is simply "more likely than not."
Third, the criminal justice system seeks to put defendants in jail. The civil area of the law, however, seeks only money damages.
Fourth, and most important for our clients, victims of sexual assault or abuse have a voice in the civil arena that is absent in the criminal justice system. In a civil case, the victim is the "Plaintiff" and files a lawsuit. This act alone can be an empowering first step toward healing a victim's self-worth. The Plaintiff is in control of the lawsuit throughout its duration, with the assistance and guidance of his or her attorney. The Plaintiff makes the final decision as to a settlement amount, and decides to go to trial if he or she isn't happy with an amount being offered for settlement.
Being in control of the process, rather than waiting for the district attorney to take action and decide everything, is empowering for victims of sexual assault. It's one of the reasons I love my job so much. I love seeing victims hold their heads higher and have control over their situation. It's also empowering to receive money in order to start one's life over, and have much-needed funds for counseling or schooling.
