Sexual Abuse — No Win No Fee

What Is the Difference Between Civil and Criminal Sexual Abuse Cases?

Direct Answer: A civil lawsuit is filed by the survivor seeking monetary compensation; a criminal case is prosecuted by the state seeking punishment. Civil cases require a lower burden of proof (preponderance of evidence vs beyond reasonable doubt). Sexual abuse attorneys work on contingency — survivors pay nothing upfront.

A civil sexual abuse lawsuit is brought by the victim (plaintiff) seeking monetary compensation. It is entirely separate from any criminal prosecution, which is brought by the government. The burden of proof in civil cases is "preponderance of the evidence" (more likely than not), compared to "beyond a reasonable doubt" in criminal cases. A victim can file a civil claim even if no criminal charges are pursued.

Statute of Limitations Revival

Recognising that many sexual abuse victims — particularly those abused as children — do not come forward until years or decades later, numerous states have reformed their statutes of limitations. Approaches include:

• Lookback windows — temporary periods during which expired claims can be revived (e.g., New York's Child Victims Act)
• Extended limitations — longer filing deadlines measured from the victim's age of majority
• Discovery rules — the limitation period begins when the victim connects their injuries to the abuse
• Elimination of SOL — some states have eliminated the statute of limitations entirely for certain sexual abuse claims

Institutional Liability

Institutions can be held liable when they knew or should have known about abuse and failed to act. Legal theories include negligent hiring (failing to screen employees), negligent supervision, negligent retention (keeping an abuser after warnings), and vicarious liability. High-profile institutional abuse cases have involved religious organisations, schools, universities, youth groups, and sports programmes.