Whenever there is a lawsuit brought in civil court – including any type of lawsuit for personal injury – the burden of proof is something attorneys on both sides need to pay very close attention to. Knowing what the plaintiff has to prove to win their case – or what the defense must counter to defeat it – is at the heart of such issues as what kinds of evidence the judge will allow, what arguments the lawyers can make based on that evidence, and what the damages will be if the plaintiff’s case is successful.
As Marlo Greer notes in her video on this topic, the burden of proof is just as important in sexual assault cases as it is for other types of personal injury cases. 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.
Sexual Assault is Frequently Prosecuted as a Crime
Many sexual assault cases are brought as criminal cases. The survivor accuses someone of sexually assaulting them; police investigate and, if they charge the accused person with a crime, the DA’s office will decide whether to prosecute the case based on the available evidence.
When a prosecutor brings a sexual assault case against a defendant, the prosecutor must prove their case “beyond a reasonable doubt.” As Marlo Greer notes, juries often interpret that as “beyond a shadow of a doubt.” It’s a high standard – and because it’s a high standard, sometimes people who commit sexual assault are not convicted of sexual assault.
Civil Cases for Sexual Assault Use a Lower Standard of Proof
In almost all civil trials – including those seeking damages because the plaintiff alleges the defendant sexually assaulted them – the burden of proof is significantly lower. The standard is “by a preponderance of the evidence,” which is often interpreted as “more likely than not.”
To put it in numerical terms, if the jury is 51% sure that the defendant committed sexual assault, it will rule in favor of the plaintiff and find the defendant responsible for that assault.
That said, as Marlo notes, juries often want to be more than 51% sure. This is why, when Greer Law pursues a sexual assault civil claim on behalf of a client, we will work hard to deliver as much proof as possible so the jury can be comfortable ruling in favor of our client.
Greer Law Can Help You Recover Compensation for Sexual Assault
If you have survived sexual assault, you may be able to recover compensation from the person or persons who were responsible for your assault. This is the case even where the criminal justice system has let you down. And one of the big reasons for that is that the burden of proof in a civil case is lower than it is in a criminal case.
At Greer Law, we know that it is often not easy to decide whether to bring a lawsuit against someone responsible for your sexual assault. That’s why we will never pressure a client into doing so. What we will do is give you the information you need to make your own decision in your own time.
To explore what is involved in bringing a lawsuit against your attacker, contact us at 303-331-6460 or fill out our online contact form. Let us schedule a free case evaluation so we can tell you what you need to know to make an informed choice.
