Understanding a Criminal vs. Civil Lawsuit for Child Sexual Abuse in California

Families impacted by the tragedy of child sexual abuse may feel overwhelmed when it comes to understanding criminal vs. civil lawsuits. What are they, how are they different, what impact could each have on your child, and which one will help your child the most?

As parents ourselves, the sexual assault attorneys at The Pride Law Firm want you to know that you are not alone in your pain and heartache. We understand this is one of the most difficult times of your life, and we are here to provide answers.

This page helps outline the differences between criminal and civil lawsuits when it comes to child sexual abuse cases in California. As you read over the information here, please keep in mind that our firm offers a free, completely private legal consultation for families seeking legal guidance. You can reach us by filling out this brief form or calling our offices at (619) 516-8166.

Attorney Jessica Pride Breaks Down the Difference Between Civil and Criminal Court

It can be tricky to get a simple and straightforward answer to the question: is sexual assault a civil or criminal case in California? Listen to lead attorney at The Pride Law Firm, Jessica Pride, discuss the difference of the journey of a sexual assault case in civil vs. criminal court.

California Laws Concerning Child Sexual Assault

Yes, child sexual assault is a serious crime in California. The state has strict laws to protect minors from sexual abuse, and anyone who engages in sexual acts with a child under 18 can face severe legal consequences. Here are some of the key laws related to child sexual assault in California:

• Penal Code 288: It’s illegal to commit lewd or lascivious acts with a child under 14. This includes touching a child for sexual purposes or making them touch themselves or someone else in a sexual way.
• Penal Code 287: Oral sex with a minor under 18 is a felony.
• Penal Code 288.2: Sending sexually explicit materials to a minor or sexually explicit materials depicting a minor to another person is illegal. 
• Penal Code 288.3: Contacting a minor with the intent to commit a sex crime is a felony.
• Penal Code 288.5: Continuous sexual abuse of a child under 14, involving multiple instances of abuse over at least three months, can lead to up to 16 years in prison.
• Penal Code 288.7: Sexual acts with a child under 10 are extremely serious and carry long prison sentences, ranging from 25 years to life.
• Penal Code 647.6: Annoying or molesting a child under 18, especially with sexual intent, is a misdemeanor and may be punished through a fine, imprisonment, or both.
• Penal Code 261.5: Sexual intercourse with a minor under 18 is illegal in California, as the age of consent is 18.

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Is Sexual Assault a Civil or Criminal Case in California?

A child sexual assault case can be pursued in civil and criminal court in California. Survivors can bring a criminal case against the perpetrator to seek justice, holding them accountable for their actions under California law.

Unlike a civil case, a criminal case for child sexual assault is filed by the California district attorney (D.A.). In California, the D.A. acts as a lawyer “for the people” and represents the state rather than the victim. These cases may result in jail time, probation, or other penalties for the perpetrator. 

In addition to criminal charges, survivors or their families can also file a civil lawsuit. Civil cases focus on compensating the survivor for the harm they’ve suffered, such as medical expenses, therapy costs, and emotional trauma. These lawsuits can hold not only the abuser accountable but also institutions that failed to protect the child, like schools, churches, or youth organizations.

What Is the Difference Between Filing Criminal and Civil Charges Against a Sexual Predator in California?

There are foreseeable benefits to both criminal and civil lawsuits against perpetrators of sexual assault.

Filing a Criminal Case for Child Sexual Assault

In California, in order for a criminal case to succeed, the prosecution must prove “beyond a reasonable doubt” that the perpetrator committed the crime. The evidence to support the survivor’s side of the story must be convincing beyond question.

If the criminal is found guilty, he or she is punished for their crimes, typically with jail time, a fine, or both. Because the government represents the case, the survivor plays a lesser role in the proceedings, though their testimony may influence the degree of sentencing.

Survivors can gain a sense of closure from knowing their assailant is behind bars, protecting other potential survivors from suffering the same crimes.

Filing a Civil Case for Child Sexual Assault

In a civil case, the assaulted person files suit against the perpetrator and other parties who may be directly or indirectly liable for injuries. Unlike in a criminal case, the burden of proof must simply show that it is “more likely than not” that the alleged events took place. The evidence must support the claims enough to be convincing to a jury or judge, making civil cases generally easier to prove.

If the defending party is found liable, they are ordered to financially compensate the sexual assault survivor for all losses and injuries resulting from the abuse.

Survivors can get financial support to help cover the costs that often come with experiencing abuse. The facility or organization responsible might also face other consequences, like losing their license or being ordered to pay extra penalties called punitive damages.

All sexual assault is criminal, though not all sexual assault cases are tried in criminal courts. 

A lawyer from The Pride Law Firm will explain each process to you while providing you with the guidance and professional insight you need to make the right decision for yourself. Reach out to us online or call (619) 516-8166 to learn your options for legal action.

What Happens in a Criminal Case for Child Sexual Abuse?

One of the key differences in a criminal vs. civil lawsuit is that in a criminal lawsuit, the government pursues the accused predator, not the child’s family. The state of California brings charges against the defendant through the district attorney.

Either a judge or jury will decide if the defendant is liable for the crimes based on the available evidence. This may or may not include testimony from the child.

If the defendant is convicted, he or she faces punishment by incarceration and fines. Convicted child molesters can receive jail time, pay state fines, and be required to register as sex offenders for life. Criminal prosecution cases not only look out for the survivor’s best interest but also the safety of the general public.

Benefits and Drawbacks of Criminal Cases for Survivors in California

When it comes to understanding is child abuse criminal or civil in California, it’s important to know that criminal cases can offer survivors some important benefits, but they can also come with certain challenges.

Sentencing

Putting a child molester behind bars can give survivors and their families a sense of relief knowing that the perpetrator is removed from society, at least for the duration of their sentence. 

This can also prevent the offender from committing crimes against more survivors.

However, a survivor’s family may not always agree with the sentence or penalties the judge hands down. 

When this happens, the survivor’s family has little say or influence over the judge’s decision. If a fine is too small or incarceration too short, criminal courts don’t allow the child’s family to argue for more severe punishment.

In California, sentencing for child sexual assault crimes can vary depending on the specifics of the case, including the age of the victim and the nature of the offense. 

For example, a defendant convicted of molesting a child under the age of 14 in California could receive a sentence of 3 to 8 years in state prison for each count. Meanwhile, for particularly severe cases, such as anyone convicted of a sex crime who is later convicted again of the same or another serious sex offense, California imposes a prison sentence of 25 years to life. 

Restitution 

Another potential benefit is that survivors are also entitled to receive restitution for the crimes committed against them. This is a legal term for financial compensation owed to a survivor to make up for their losses.

As many know, child sexual abuse can inflict devastating and lifelong consequences, often resulting in untold psychological damage. Statistics from the Rape, Abuse and Incest National Network (RAINN) indicate that survivors of child sexual abuse are four times more likely to develop substance abuse problems, Post Traumatic Stress Disorder (PTSD), and three times more likely to have a major depressive episode in adulthood.

The long-term financial costs of these damages can be overwhelming. For example, a 2017 report estimated that the financial cost of abusing a child in California was $270,000 per child. That means California pays $19.3 billion a year for the lifetime costs associated with an abused child.

Restitution can provide a measure of relief, but it focuses more on “economic” losses and is likely not enough to cover the projected long-term costs. Criminal courts do not allow a survivor’s family to ask for a higher amount than what the judge or prosecutor decides. They can severely undervalue the extent of a child’s injuries based on the lifetime effects of sexual abuse.

Burden of Proof

Both criminal and civil cases have what is called a “burden of proof,” which makes the suing party responsible for providing evidence to support their claim. For criminal cases, the evidence must show “beyond a reasonable doubt” that the alleged crimes took place. In other words, the proof must remove all other possibilities for who is at fault and meet a high standard of evidence.

Presenting convincing evidence in child sexual abuse cases can be challenging for a few reasons. To start, medical evidence is incredibly difficult to come by in child sexual abuse cases. 

A 2019 study by the National Criminal Justice Reference Service (NCJRS) showed that medical evidence is available in less than 5% of reported child sexual abuse cases.

Additionally, children may be asked to take the witness stand, which can be stressful and demanding no matter what age they are.

Criminal cases help offer survivor justice in the form of punishment for their abuser, first and foremost. Though the child has legal representation, the lawyer’s objective is to prove the defendant’s wrongdoing, not advocate for their fair compensation.

How Civil Cases Can Help Survivors in a California Child Sexual Abuse Lawsuit

A key advantage when it comes to criminal vs. civil lawsuits is that civil lawsuits allow the child’s attorney to seek the full amount of compensation the child will need to make the best possible recovery. 

Whereas a judge decides how much a survivor may be paid in a criminal lawsuit, a child sexual abuse lawyer can effectively argue for a survivor’s highest possible compensation in a civil lawsuit.

The benefits of compensation from a civil claim can last a lifetime and meet immediate as well as long-term needs. These can include, but are not limited to:

• Medical or hospital bills related to the abuse or injury
• First-rate counseling services
• Tutoring or alternative learning options
• Relocation, if necessary
• Therapy
  

Children and their loved ones may also be compensated for emotional trauma, pain, and suffering through a civil lawsuit. 

Burden of Proof

Another advantage of civil vs. criminal lawsuits is that the burden of proof is lower (easier to prove) in civil lawsuits. 

In a civil lawsuit, the alleged predator must be found “more likely than not” liable for the acts committed against the child. To give a visual of this, the scales of justice only need to tip slightly in favor of the survivor.

However, this does not promise a successful outcome each time. Your case outcome will largely depend on the skill, experience, and knowledge of the California child molestation lawyer you choose to represent your family.

Accountability

Civil lawsuits can also have a ripple effect when it comes to holding people, organizations, or institutions accountable. The more survivors speak out, the more pressure is put on perpetrators and institutions to take responsibility for the harm they’ve caused.

For example, the Boy Scouts of America faced a stream of child sexual abuse allegations in 2019 that gained a lot of media attention. More and more survivors came forward, leading Boy Scouts to eventually file for bankruptcy in February 2020.

Similarly, the Archdiocese of Los Angeles faced multiple rounds of civil lawsuits for child sexual abuse that resulted in significant settlements. The Archdiocese's 2024 settlement of $880 million, covering 1,354 claims of child sexual abuse, is the largest single settlement with a Catholic archdiocese in the country. This settlement came after California’s Assembly Bill 218 allowed survivors to file lawsuits even for cases that occurred decades ago.

A California Child Sexual Assault Lawyer Is Here to Support You

At The Pride Law Firm, we understand the devastation and pain of child sexual abuse. That’s why our firm has made it our mission to help survivors and their families overcome trauma and live better lives. 

For nearly two decades, managing partner Jessica Pride has represented multiple survivors in high-profile cases involving abuse by medical professionals, youth leaders, dentists, clergy, and others. 

Our California child sexual abuse law firm uses trauma-informed training for each of our clients. We are also a well-known and trusted legal authority, educating other legal professionals on the specialties of sexual assault litigation.

If your child has been abused and you would like to know more about how the civil courts can help, please call us for a free, private legal consultation at (619) 516-8166​ or reach out to us online. We will answer your questions anonymously and without obligation, and all information is held in the strictest of confidence.

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