Yes, potentially.
One of the most common misconceptions about civil claims arising from assault or abuse is that the perpetrator must first be arrested, charged, or convicted.
A criminal conviction is not necessarily required before an injured person can pursue a civil claim.
The criminal and civil justice systems are separate. They have different purposes, different procedures, and different standards of proof.
What If the Police Didn’t File Charges?
A police investigation does not always result in criminal charges.
That can happen for many reasons. Prosecutors may believe there is insufficient evidence to prove a criminal charge beyond a reasonable doubt. Evidence may conflict. Witnesses may be unavailable. Or prosecutors may exercise their discretion not to proceed.
That decision does not necessarily determine whether a civil claim exists.
A civil attorney can independently evaluate the evidence and determine whether there may be a viable civil cause of action.
The Standards of Proof Are Different
In a criminal prosecution, the government generally must prove guilt beyond a reasonable doubt.
Civil cases ordinarily use a lower standard of proof.
That distinction matters.
Evidence that a prosecutor believes is insufficient to obtain a criminal conviction may still support a civil claim.
What If the Person Was Found Not Guilty?
An acquittal does not necessarily mean that the alleged conduct did not occur.
It means the prosecution did not establish criminal guilt under the applicable criminal standard.
Because civil cases involve different legal claims and a different burden of proof, the outcome of a criminal case does not automatically determine the outcome of a later civil case.
The specific circumstances still need to be evaluated by an attorney.
What Can a Civil Lawsuit Accomplish?
Criminal prosecutions are brought by the government and focus primarily on whether a person committed a crime and, if so, what criminal consequences should follow.
A civil lawsuit focuses on the harm suffered by the injured person and whether a defendant can be held legally responsible for it.
Depending on applicable law and the circumstances, damages may involve such things as:
- medical and counseling expenses;
- lost income or diminished earning capacity;
- physical pain and suffering;
- emotional and psychological harm;
- other consequences of the assault; and
- in appropriate cases, punitive damages.
Available damages vary depending on the jurisdiction and the particular claims asserted.
Civil Cases Can Also Produce Evidence
Civil litigation has its own investigative tools.
Through discovery, attorneys may obtain documents, electronic communications, photographs, video, business records, policies, incident reports, and other evidence.
Witnesses can be questioned under oath in depositions.
That process is independent of whether criminal charges were pursued.
Don’t Assume That “No Charges” Means “No Case”
A prosecutor’s decision answers one question: whether the government will pursue a criminal prosecution.
It does not necessarily answer another:
Does the person who was harmed have a viable civil claim?
Those are different questions governed by different rules.
Beck Law Center represents individuals pursuing civil claims arising from assault and abuse in Ohio, Kentucky, Indiana, and West Virginia.