Can you sue someone in civil court for assault?

When you hear the word “assault,” you may think of the crime, but you also can sue someone in civil court for assault. Civil charges of assault are completely separate from any criminal charges, and you may get money from an assailant for civil assault even if he is found not guilty of criminal assault.

How are civil lawsuits against sexual assault perpetrator work?

Let’s look at how these kinds of cases work, how they differ from the criminal law process, and some potential hurdles to consider.

How is civil assault different from criminal assault?

Civil charges of assault are completely separate from any criminal charges, and you may get money from an assailant for civil assault even if he is found not guilty of criminal assault. This is so because although the elements of both the crime and the tort are essentially the same, the burden of proof is different.

What are the damages in a sexual assault case?

Regardless of the legal theory under which the civil case proceeds, damages in a sexual assault (or sexual abuse) case stem from the physical and emotional harm the victim suffered, and will continue to suffer, as a result of the abuse.

Let’s look at how these kinds of cases work, how they differ from the criminal law process, and some potential hurdles to consider.

What are the different types of assault cases?

An act of assault could lead to two types of cases: a civil liability case and a criminal assault case. Civil cases are brought by one or more parties against another party or parties.

What makes an assault and battery a civil case?

Even if the punch is never thrown, the threat of the punch is enough to constitute assault. If the same person follows through with the punch and connects with your body, you’ve been battered. Assault and battery are so intertwined that they are often referred to as one cause of action. Civil assault and battery are torts.