Criminal Cases and Impact on Civil Sexual Assault Lawsuits
Sexual assault laws in the US carry some of the toughest penalties of all violent crimes, which aim to punish the defendant and discourage others from engaging in such an outrageous offense. Like other jurisdictions, the Alaska criminal statutes classify sex crimes according to severity. Sexual Assault in the Fourth degree is the least serious, as a Class A Misdemeanor punishable by up to a year in jail. Sexual Assault in the First Degree could be designated as a Class A Felony, for which the offender could be sentenced to 20 years in prison and a $250,000 fine.
While a criminal conviction may give you some closure as the victim of sexual assault, the outcome does nothing to cover your extensive losses. To seek monetary damages, you must pursue a civil lawsuit. An Anchorage sexual assault attorneywill assist with your claim against the offender and any other potential parties. Plus, there are some points to note about criminal charges and their impact on civil cases.
Parties in Sexual Assault Cases
An important distinction between the two types of proceedings is who is playing a role in the case. For instance:
- In a criminal case for sexual assault, the State of Alaska is the plaintiff pursuing charges against the person charged with the crime. The offender is the defendant. You are a witness as a victim, but you are not a party.
- You are a party as the plaintiff in a civil case when you pursue a claim for monetary damages against the offender as a defendant.
In addition, there may be additional parties in a sexual assault case when their negligence was a factor in the crime. As a plaintiff, you might also sue a store or apartment complex when their inadequate security measures failed to prevent the attack.
Outcomes in Criminal v. Civil Cases
The result in a criminal proceeding is either guilty or not guilty, which could come after a trial by jury. However, the defendant could also plea bargain and admit guilt in exchange for a reduced sentence. Unfortunately, even if the court orders a fine, your ability to recover any damages through the criminal process is limited to restitution.
When you sue in civil court as the victim of sexual assault, you can seek compensation for all losses resulting from the offense. Your economic damages cover amounts for medical treatment, including costs for mental health care. You might also qualify to recover lost wages and out-of-pocket expenses for treatment.
Alaska personal injury laws also allow you to seek noneconomic damages, which are losses that relate to your quality of life. Examples include pain and suffering, emotional distress, and loss of dignity.
Consult with an Alaska Sexual Assault Lawyer About Your Options
As you can see, a criminal case and a civil lawsuit are different when considering your interests as a victim. For more information about your civil remedies, please contact Power & Power Law in Anchorage, Alaska. You can schedule a no-cost consultation with an experienced sexual assault attorney by calling 907-222-9990 or visiting us online.