At Greer Law, we help survivors of sexual assault recover compensation from those who are responsible for those terrible acts. We are often asked about the differences between our civil sexual assault cases and criminal sexual assault cases. Here is a summary of how these two types of cases differ.
| Issue | Criminal Sexual Assault | Civil Sexual Assault |
| What law governs | Colorado criminal law, specifically C.R.S. 18-3-402. | Colorado common law – no specific statute. |
| 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 | Up to 20 years | No limitation for sexual assault claims that were viable on or after January 1, 2022 |
An Unsuccessful Criminal Case Does Not Mean the Civil Case Will Fail
You don’t need a criminal conviction to recover compensation from your attacker.
Here’s why: To convict someone for sexual assault, prosecutors need to prove their criminal case beyond a reasonable doubt. That is a high standard of proof, and one that our country considers to be appropriate when the defendant is facing a prison sentence. This high standard means that not every defendant who committed sexual assault will be convicted. If prosecutors lack evidence to meet this standard, they may choose not to press charges.
But the standard of proof to win a civil case is lower – much lower. All it takes is enough evidence to convince jurors that it was more likely than not that the defendant sexually assaulted you.
Greer Law Helps Sexual Assault Survivors Pursue Compensation
At Greer Law, our experienced attorneys help survivors of sexual assault pursue claims and lawsuits against those responsible for their attacks. Deciding to seek compensation is hard. We provide the information you need to decide when you are ready.
We will never pressure you to file a lawsuit when you’re not ready. Our attorneys will explain the process and answer your questions before and during your case.
To take the first step towards securing compensation for what you have survived, call Greer Law at 303.331.6460 or reach out to us online. We’ll schedule a free case evaluation where you can tell us about your case and your concerns, and we can explain how our firm can help.
