NCJ Number
116676
Journal
Journal of Interpersonal Violence Volume: 4 Issue: 1 Dated: (March 1989) Pages: 114-115
Date Published
1989
Length
2 pages
Annotation
This commentary suggests that certain benefits may accrue to the sexual abuse victim who decides to institute a civil lawsuit.
Abstract
Although a civil lawsuit may not be an appropriate option for every sexual abuse victim, there may be certain benefits in litigation for some. In instituting a lawsuit, the victim may gain some control. Some psychologists report that the ability of victims to bring civil lawsuits and have defendants called upon to explain their actions has beneficial effects on the victim's healing process. Because the burden of proof in a civil case is different from that in a criminal case, the sexual abuse victim must show only that it is more likely than not that the sexual assault occurred. In a criminal case, the jury must be unanimous in its decision. In a civil case, the victim need persuade only 10 out of 12 jurors. Further, a victim's ability to gather evidence is greater in a civil than in a criminal case. If the defense attempts to examine the victim's personal life or attack the victim in court, such tactics can often be minimized by court-generated protective orders. The victim can also receive some satisfaction that the lawsuit may have a deterrent effect.