What Is the Difference Between Civil Remedies and Criminal Remedies?

A legal “remedy” is a means of enforcing a legal right or addressing the violation of a legal right. A remedy is intended to deliver justice and right wrongs suffered by one party because of the actions or omissions of another party.

Civil and criminal remedies are different.

Both civil and criminal remedies seek to right wrongs, but differ in the methods used and who they benefit. The following provides a more in-depth examination of the key differences between civil remedies and criminal remedies.

Purpose and outcome

Civil law seeks to compensate a victim for harms that were known or should have been known to the wrongdoer or institution.

Criminal legal actions aim to punish people who break criminal laws. They also seek to protect society and prevent recurrence. Criminal law outcomes may include fines, restitution, community service, house arrest or even imprisonment.

Burden of proof

The burden of proof is the standard of evidence a plaintiff or the state must meet to prove a defendant’s liability or guilt.

In a civil proceeding, the plaintiff must prove their case based on a “preponderance of the evidence.” The burden of proof is met when the plaintiff convinces the fact finder (i.e., the judge or jury) that there is more than a 50% chance that their claim is true and the defendant is responsible for their injury.

In a criminal proceeding, the state must prove its case “beyond a reasonable doubt.” The state’s evidence must be so convincing that the judge or jury cannot come to any other conclusion than that the defendant is guilty.

Parties involved

Only the person harmed (or immediate family members, in cases of death) can bring a civil action. In a civil lawsuit, this party is known as the plaintiff. Plaintiffs seek civil law remedies, including financial compensation, from the person(s) or institution(s) accused of harming them, called the defendant(s). Plaintiffs independently select and hire civil law attorneys to file their case and represent them during the legal proceedings.

A prosecuting attorney brings criminal action on behalf of the state. The “state” refers to the county, district or state government where the crime occurred. The state can also be the federal government if the case involves a federal crime. The prosecution can bring criminal charges against an accused defendant with or without the survivor’s involvement.

A survivor may be a part of a criminal action against their perpetrator, pursue a civil action against their perpetrator and the institution that facilitated their abuse, or a combination of both actions and legal counsel. If the state declines to bring criminal charges against the perpetrator of a survivor’s sexual abuse, the survivor may still be able to bring a civil claim against the perpetrator and the institution that facilitated the abuse.

Types of remedies

Civil remedies fall into three categories:

• Coercive remedies: Also known as injunctive relief, these remedies order a party to do or not do an action. For example, an injunction may require a defendant to fulfill the terms of a contract.
• Financial compensation: Compensation is the payment of monetary damages for a plaintiff’s losses, injury, pain and suffering. Compensation may include medical expenses, lost wages and more.
• Declaratory relief: In a declaratory judgment, the court determines a party’s individual rights in a specific situation without awarding damages or requiring a particular action.

Criminal remedies of law are different. They may include:

• Community service
• Fines
• House arrest
• Jail or prison time
• Mandatory participation in a rehabilitation program
• Payment of restitution to victims or the state
• Probation
• No-contact orders

Right to counsel

The right to counsel refers to a defendant’s constitutional right to have a lawyer aid in their criminal defense, regardless of their ability to pay. If a defendant cannot afford an attorney, the court must appoint a public defender.

Some wrongful actions can result in both civil and criminal proceedings. Many states even have specific Civil Remedies for Criminal Practices Acts that allow for this.

There are benefits to seeking civil remedies for adult sexual abuse and childhood sexual abuse survivors. Advantages of civil litigation include:

• Greater control and autonomy: Survivors have more control over civil proceedings than they do criminal cases. In a criminal case, the state decides when to file charges, and the victim’s role may be limited to that of a witness. In a civil case, the survivor can help their attorneys by providing relevant documentation to help build the case, be involved in legal strategy and decision-making processes, approach corroborating witnesses, and ultimately decide if a settlement or trial is the preferred resolution.
• Financial accountability and compensation: Holding perpetrators and institutions that facilitated abuse financially accountable for their actions can empower survivors and validate their experiences. Monetary compensation can also provide survivors with resources to cover medical treatment, mental health services and other expenses. Survivors may be able to seek punitive damages from negligent institutions for failing to protect them from abuse. Punitive damages can be assessed against liable parties in a civil lawsuit as a form of punishment.
• Lower burden of proof: The state must prove criminal allegations beyond a reasonable doubt. Civil allegations have a lower burden of proof. Plaintiffs must establish their case based on a preponderance of the evidence. For this reason, civil cases can sometimes be successful even without a criminal conviction.
• Public accountability and reform: High-profile civil lawsuits can increase public awareness about sexual abuse and expose institutional wrongdoing. Public visibility can lead to increased accountability for institutions and drive policy and procedural changes. By coming forward, survivors can help future children from being victimized or abused, facilitating change.

Survivors of sexual abuse who wish to seek civil remedies must file civil legal actions within their state’s statute of limitations. Many states have instituted lookback windows that allow survivors of childhood sexual abuse to pursue claims that would otherwise be barred by these time limits. A Motley Rice sexual abuse lawyer can tell you more about legal deadlines that may apply to you.

When an injury gives rise to civil and criminal actions, the proceedings can overlap. Civil lawsuits may occur before, during, after or independently of criminal trials. Evidence in civil and criminal cases can crossover, but it is subject to the burden of proof for each type of case. Sometimes, a criminal conviction can help to show civil liability.

Sexual abuse allegations can lead to criminal charges against individual perpetrators and civil actions against institutions for permitting institutionalized sexual abuse. Sexual abuse claims that have resulted in civil and criminal proceedings include cases against schools, university campuses, religious institutions and youth organizations like the Boy Scouts of America.

Motley Rice’s sexual abuse lawyers exclusively handle civil litigation. We have experience advocating for survivors of adult and childhood sexual abuse. We have fought for our clients against large and well-funded defendants that allowed institutionalized abuse to occur, including the Catholic Church, the LDS Church and the Boy Scouts of America.

We support victims and provide compassionate legal services that prioritize our clients’ physical and mental health. Contact us by filling out our online form or calling 1.800.768.4026.

Read more on our sexual abuse litigation experience.