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The Civil Court Option
In addition to the fact that many sexual assaults are criminal offenses, they are also violations of civil law, as well. This means that when an individual has been sexually assaulted, he or she may sue for damages in civil court as well as reporting to law enforcement for a criminal investigation. A big difference between criminal and civil court is that the burden for winning civil damages is lower - a preponderance of evidence - than in criminal court, which requires proof beyond a reasonable doubt.
When a person sues civilly, the purpose is to win money damages from the offender to pay for medical or counseling bills, lost wages, pain and suffering, and possibly as a means of punishing the offender by ordering payment of money. For this reason, civil attorneys will usually only sue an offender who has the ability to pay large sums of damages, as the attorney's fee is based on the money damage award. Thus, only a small percentage of cases of sexual assault result in a civil court proceeding as well.
Another form of civil remedy besides suing for damages is to obtain a harassment restraining order (HRO) or order for protection (OFP). The purpose of these documents is to have a court order that the offender have no contact with the victim/survivor, including staying away from the residence or work place. Violation of these orders is a crime, with the punishment depending upon whether the offender has violated similar orders in the past.
Your local sexual assault program can assist you with obtaining an HRO or OFP, or the forms are available at the court administrator's office in your county. Either document may be used if a sexual assault took place, but there are some differences. An HRO is used where there is little or no relationship between the offender and the victim/survivor. Thus, where they live in separate households or have been dating for a short time, an HRO is probably appropriate. An OFP is used where the two people live in the same household, have a child in common, or have a significant dating relationship.
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