You don’t need a criminal conviction to recover compensation from your attacker. Civil and criminal sexual assault cases in Colorado follow different rules, and a civil case uses a much lower standard of proof.
Please note: Greer Law 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.
Civil vs. Criminal Sexual Assault: Side-by-Side Comparison
| Issue | Criminal sexual assault | Civil sexual assault |
|---|---|---|
| What law governs | Colorado criminal law, specifically C.R.S. 18-3-402. | A mix of Colorado common law and statutes. A claim against an institution can rest on negligence, such as negligent hiring or supervision, when it knew or should have known someone posed a risk. A separate statute covers sexual abuse of minors and can also reach the organization that ran the program. |
| Who brings the case | District attorneys | Civil attorneys |
| Consequences if the case is successful | Criminal conviction and in most cases a prison sentence | Damages award against the defendant or defendants |
| Burden of proof to succeed with the case | Beyond a reasonable doubt | Preponderance of the evidence, also known as “more likely than not” |
| Jury verdict requirement | 12 jurors, unanimous | 6 jurors in most cases, unanimous |
| Statute of limitations | Usually 20 years for felony sexual assault, and in some cases no limit at all. The deadline depends on the crime charged, the victim’s age, whether DNA evidence identifies the attacker and when the assault happened. | No limitation for sexual assault claims that were viable on or after January 1, 2022 |
For more detail, read Colorado Civil Sexual Assault Statute of Limitations and What Evidence Is Needed for a Civil Sexual Assault Lawsuit?
Can a Civil Sexual Assault Case Proceed Without a Conviction?
Yes. To convict someone of sexual assault, prosecutors must prove their case beyond a reasonable doubt. That is a high standard, and one our country considers appropriate when the defendant faces a prison sentence. It also means not every defendant who committed sexual assault will be convicted. If prosecutors lack the evidence to meet that standard, they may choose not to press charges.
The standard of proof in a civil case is much lower. All it takes is enough evidence to convince jurors that it was more likely than not that the defendant sexually assaulted you.
If charges are still pending when you sue, read Civil Sexual Assault Lawsuit During a Criminal Case.
Talking to a Lawyer About Your Case
We help survivors of sexual assault pursue claims and lawsuits against those responsible for their attacks. People often ask us how civil and criminal sexual assault cases differ, which is why we put this summary together.
Deciding to seek compensation is hard. We will never pressure you to file a lawsuit before you’re ready. We’ll explain the process and answer your questions before and during your case.
Call Greer Law at 303-331-6460 or contact us online to schedule a free case evaluation. Tell us about your case and your concerns, and we’ll explain how we can help.
