Raleigh Sexual Abuse Lawyer

The Difference Between a Criminal and Civil Sexual Abuse Case

When survivors of sexual abuse consider taking legal action, it is important to understand the difference between criminal and civil cases. Both types of cases seek justice, but they serve different purposes, follow different legal standards, and lead to different outcomes.

Criminal Sexual Abuse Cases: Punishing the Offender

A criminal case is brought by the government, typically through a district attorney or prosecutor, against the perpetrator of the crime. The goal of a criminal case is to punish the offender through penalties such as imprisonment, probation, or mandatory registration as a sex offender.

In a criminal case:

• The state, not the survivor, files charges against the accused.
• The prosecutor must prove the case beyond a reasonable doubt, which is the highest legal standard.
• If found guilty, the defendant may face jail or prison time, probation, or other criminal penalties.
• The survivor may be asked to testify, but the case is controlled by the prosecutor.

While a criminal conviction can provide a sense of justice, it does not provide financial compensation to the survivor.

Civil Sexual Abuse Cases: Seeking Justice and Compensation for Survivors

A civil lawsuit is filed by the survivor or their parents, not the government. The purpose of a civil case is to hold the perpetrator and any negligent institutions accountable while seeking financial compensation for the harm caused.

In a civil case:

• The survivor, rather than the state, initiates the lawsuit.
• The burden of proof is lower — “preponderance of the evidence” — meaning it must be more likely than not that the abuse occurred.
• The defendant does not face jail time but may be ordered to pay compensation for medical expenses, therapy, lost wages, and emotional distress.
• The survivor has more control over the case and whether to accept a settlement.

A civil case allows survivors to seek justice even if the perpetrator was never charged or convicted in a criminal case.

Can You File Both a Criminal and Civil Case?

Yes. A survivor can pursue a civil lawsuit while a criminal case is ongoing or even after a criminal trial has concluded. Even if a criminal case does not result in a conviction, a civil lawsuit can still be successful because the burden of proof is lower.

For example, in high-profile cases like the one against O.J. Simpson, he was acquitted in his criminal trial but was later found liable in a civil lawsuit. This distinction allows survivors to seek justice in multiple ways.

Who Can Be Held Liable for Sexual Abuse?

When pursuing a sexual abuse lawsuit, it is important to identify all responsible parties. Legal claims can be filed against the direct perpetrator as well as individuals and institutions that failed to protect the survivor.

Perpetrators

The most direct party responsible for sexual abuse is the perpetrator. Whether the abuser was a medical care provider, teacher, coach, religious leader, or employer, they can be held accountable in both criminal and civil court. A civil lawsuit allows survivors to seek financial compensation for the trauma they have endured. However, civil suits can only target assets held by the perpetrator.

Employers and Institutions

Organizations such as schools, churches, daycare centers, and nursing homes can be held liable if they enabled abuse through negligence. Institutions that fail to conduct proper background checks, ignore complaints, or cover up misconduct can be held legally responsible for the harm that results.

Property Owners and Businesses

Hotels, apartment complexes, bars, parking garages, and other businesses may be liable if inadequate security contributed to an assault. Failing to provide proper lighting, working locks, security cameras, or trained staff can create dangerous conditions that put individuals at risk.

Third-Party Enablers

In some cases, individuals who were aware of abuse but did nothing to stop it can also be held accountable. This may include supervisors, religious leaders, family members, or coworkers who knew about the abuse and failed to act. Legal action against enablers can help prevent future misconduct and hold those who turned a blind eye accountable.

What Does a Sexual Abuse Lawyer Do?

A sexual abuse lawyer provides survivors with the legal support and advocacy they need to pursue justice. These cases require legal expertise and a deep understanding of the emotional challenges survivors face. A skilled attorney handles the legal aspects so that survivors can focus on healing.

Conducting a Trauma-Informed Case Evaluation

The first step in seeking justice is a confidential consultation, where survivors can discuss their experiences in a safe, supportive environment. Our lawyers are extensively trained in trauma-informed practices to create a safe and supportive environments for sexual assault survivors, allowing clients to share their experiences while minimizing the fear of retraumatization. By understanding the psychological and emotional impact of trauma, our attorneys can communicate with greater sensitivity, build trust, and advocate more effectively.

Investigating and Gathering Evidence

A strong legal claim requires thorough investigation. Attorneys collect police reports, medical records, witness statements, and institutional documents to build a case. They may also work with forensic experts and psychologists to document the full impact of the abuse.

Filing Lawsuits and Negotiating Settlements

Once a case is built, an attorney files the necessary legal documents to begin the lawsuit. Many sexual abuse cases are resolved through settlements, in which the responsible party agrees to compensate the survivor without going to trial. An experienced lawyer negotiates aggressively to secure maximum compensation.

Representing Survivors in Court

If a fair settlement cannot be reached, an attorney is fully prepared to take the case to trial. Skilled trial lawyers present evidence, question witnesses, and advocate for survivors in the courtroom to seek justice.

What to Expect When You File a Sexual Abuse Lawsuit

Filing a sexual abuse lawsuit can feel overwhelming, but understanding the process can help survivors feel more confident and in control. While every case is unique, legal action typically follows several key steps. A skilled attorney will guide you through each phase, ensuring that your rights are protected while you pursue justice.

Confidential Consultation

The first step in filing a lawsuit is speaking with an attorney in a confidential, judgment-free setting. During this consultation, you can share your experience at your own pace. Your attorney will listen carefully, explain your legal rights, and discuss potential courses of action. There is no pressure to move forward, and this meeting is simply an opportunity to understand your options.

Case Investigation and Gathering Evidence

If you choose to proceed with a lawsuit, your legal team will begin gathering evidence to support your claim. This may include medical records, police reports, witness statements, and documentation of any prior complaints against the perpetrator or negligent institution.

Attorneys may also work with forensic experts, psychologists, and other professionals to establish the full impact of the abuse. Even if there is no physical evidence, survivor testimony and expert analysis can build a compelling case.

Filing the Lawsuit

Once your case is prepared, your attorney will formally file a lawsuit against the responsible parties. This step notifies the perpetrator, institution, or other liable parties that legal action is being taken against them. Filing a lawsuit does not necessarily mean the case will go to trial — many cases are resolved through settlements.

Negotiations and Settlement Discussions

Many sexual abuse cases reach a resolution through settlement negotiations, where the responsible party agrees to provide financial compensation without the need for a trial. Your attorney will handle all negotiations, working to secure the maximum compensation possible. Settlements can cover medical expenses, therapy, lost wages, and emotional distress. If a fair agreement cannot be reached, your case may proceed to trial.

Trial and Court Proceedings

If your case goes to trial, your attorney will present evidence, question witnesses, and advocate on your behalf. While testifying in court is sometimes necessary, legal teams take steps to minimize the emotional burden on survivors. Many cases include expert testimony to explain the long-term effects of abuse and demonstrate institutional negligence. Your attorney will prepare you for what to expect and provide support every step of the way.

Case Resolution and Compensation

If your case results in a successful settlement or court judgment, you may receive financial compensation for the harm you have endured. While no amount of money can undo the trauma of abuse, financial recovery can help cover treatment costs, provide financial security, and offer a sense of justice.

Taking legal action can be a powerful step toward healing and holding wrongdoers accountable. If you are considering filing a sexual abuse lawsuit, an experienced attorney can provide guidance and support, ensuring that your voice is heard and your rights are protected.

Take the First Step Toward Justice

If you or your child  are a survivor of sexual abuse in Raleigh, you do not have to face this battle alone. You have the right to pursue justice, hold those responsible accountable, and reclaim your sense of security. Taking legal action is not just about seeking compensation — it is about demanding accountability and ensuring that those who enabled or committed abuse do not go unpunished.

At Lanier Law Group, we stand with survivors, offering compassionate support and aggressive legal advocacy. Our attorneys will listen to your story, outline your legal options, and fight relentlessly to achieve justice. Whether your case involves an individual perpetrator, an institution that failed to act, or a workplace that fostered misconduct, we are ready to take legal action on your behalf.

Want your voice to be heard? Call 919-342-1368 today for a confidential consultation with an experienced sexual abuse lawyer. If you prefer, you can also contact us online to discuss your case. You deserve justice, and we are here to help you fight for it.