Survivors of sexual abuse often face overwhelming emotional and legal challenges in seeking justice. While many assume that a criminal conviction is the only path to accountability, California law also allows survivors to pursue justice through a civil lawsuit. The brilliant legal team at The Cifarelli Law Firm in Orange County helps survivors seek compensation and hold perpetrators and institutions accountable beyond the criminal justice system.
Criminal vs. Civil Cases: What’s the Difference?
In California, criminal cases are handled by prosecutors, such as district attorneys, who bring charges against an accused offender. These cases aim to punish the perpetrator with penalties like jail time or probation. However, the outcome of a criminal case is uncertain — prosecutors must prove guilt “beyond a reasonable doubt,” which is a high legal standard. Additionally, survivors have little control over the case, as the government decides whether to prosecute.
Civil cases, on the other hand, are filed by survivors themselves. These lawsuits seek financial compensation for damages such as medical bills, emotional distress, and lost wages. The burden of proof in civil cases is lower — plaintiffs must show that the abuse “more likely than not” occurred, making it possible to hold perpetrators accountable even if criminal charges were not pursued or resulted in acquittal.
Why Consider a Civil Lawsuit?
- Justice Beyond a Criminal Case – Even if a criminal case is dismissed or results in no conviction, a civil case can still proceed to hold the perpetrator or negligent institutions responsible.
- Financial Compensation – Survivors can seek damages for therapy costs, lost earnings, and pain and suffering. California allows for substantial compensation in cases of emotional trauma.
- Accountability for Institutions – Many cases involve abuse by individuals within churches, schools, youth organizations, and workplaces. Civil suits can expose and prevent systemic negligence.
- Extended Time Limits for Filing – Under California law, survivors of childhood sexual abuse have until age 40, or within five years of discovering the harm, to file a civil claim (California Code of Civil Procedure § 340.1). Recent changes also allow survivors of adult sexual assault to file within 10 years or three years from discovery (California Code of Civil Procedure § 340.16).
How the Cifarelli Law Firm Can Help
With extensive experience representing survivors in Orange County and throughout California, The Cifarelli Law Firm is committed to pursuing justice through civil litigation. Whether holding an individual offender or an institution accountable, our team provides compassionate and strategic legal representation to seek maximum compensation and send a message that this kind of abuse will not be tolerated.
If you or a loved one has experienced sexual abuse and you want to explore your legal options, contact us in Irvine, CA today to arrange a free, confidential consultation. Call 949-502-8600.