To win a civil sexual assault lawsuit, you have to prove your case “by a preponderance of the evidence,” often described as “more likely than not.” That standard is significantly lower than the one prosecutors face in a criminal case.
Please note: Greer Law Group handles sexual abuse claims against institutions and organizations that allowed the abuse to happen, such as schools, churches, youth programs, hotels, and employers. We do not take cases against an individual acting alone, such as a family member, spouse, partner, or acquaintance. If that describes your situation, the Colorado Coalition Against Sexual Assault and the National Sexual Assault Hotline at 800-656-4673 can connect you with support.
As Marlo Greer notes in her video on this topic, the burden of proof matters as much in sexual assault cases as in any other personal injury case. At its heart, a sexual assault is a form of personal injury. But when the issues relate to sexual assault, things can get more complicated.
The Burden of Proof in a Civil Sexual Assault Lawsuit
In almost all civil trials, including those where the plaintiff alleges the defendant sexually assaulted them, the standard is a preponderance of the evidence. In numerical terms, if the jury believes there is even slightly better than a 50 percent chance the defendant committed the sexual assault, it will rule for the plaintiff and find the defendant responsible.
That said, as Marlo notes, juries often want to be more sure than that. That’s why, when we pursue a civil sexual assault claim for a client, we work to present as much proof as we can so the jury is comfortable ruling in our client’s favor.
The burden of proof also shapes what evidence the judge will allow, what arguments the lawyers can make and what damages may follow if the plaintiff wins.
How the Criminal Standard Differs
Many sexual assault cases are also brought as criminal cases. Police investigate, and if they charge the accused, the DA’s office decides whether to prosecute based on the available evidence. A prosecutor must prove the case “beyond a reasonable doubt,” which, as Marlo notes, juries often read as “beyond a shadow of a doubt.” Because that standard is so high, some people who commit sexual assault are not convicted. For more, read Civil vs. Criminal Sexual Assault Cases in Colorado.
Evidence to Discuss With Your Attorney
Every case is different, and no case needs every type of evidence. Categories that can help:
- Your own testimony. Your account of what happened is evidence.
- Messages and communications. Texts, emails, DMs or posts with the attacker, or with people you told afterward, may help show what happened and when.
- Medical and forensic records. A forensic exam, ER visit or counseling records may help show injury and timing.
- Witnesses. People who saw you before or after, or who you told, may help support your account.
If there’s no DNA in your case, read Sexual Assault Without DNA Evidence: What Else Can Matter? For exam costs, see Free Sexual Assault Forensic Exams in Colorado.
Talking to a Lawyer About a Civil Sexual Assault Claim
If you have survived sexual assault, you may be able to recover compensation from the person or people responsible, even when the criminal justice system has let you down. One big reason is that the burden of proof in a civil case is lower.
We know it is often not easy to decide whether to sue someone responsible for your assault. We will never pressure you. We’ll give you the information you need to make your own decision in your own time.
Call Greer Law Group at 303-331-6460 or fill out our online contact form to schedule a free case evaluation.
