Choosing to pursue a civil lawsuit after sexual assault is an act of strength, but it is also an emotional process. Survivors often tell us that the uncertainty of “what comes next” can feel almost as challenging as the legal issues themselves. Understanding how the process works—and knowing you will not navigate it alone—can help bring clarity during a difficult time.
At Davis, Bethune & Jones, our sexual assault attorneys work to protect your safety, dignity, and control at every stage. This overview is designed to help you understand the process without overwhelming you, so you can move forward at a pace that feels right for you.
Civil Lawsuits vs. Criminal Complaints
Sexual assault can be addressed in two legal systems: the civil system and the criminal system. Each serves a different purpose, and survivors may choose either or both.
A civil lawsuit is filed by the survivor and focuses on accountability, safety, and the harms suffered. A criminal case is pursued by the state and focuses on punishment and public protection.
Many survivors find it empowering to understand these differences as they consider their options. Neither path changes your worth, your credibility, or your strength.
Key Differences of Civil Lawsuits vs. Criminal Complaints
| ELEMENT | CIVIL CASE | CRIMINAL CASE |
| Who Brings the Complaint? | The survivor, usually through a lawyer | A government prosecutor on behalf of the state, usually instigated by a reported crime |
| Primary Goal of Legal Action | Accountability and damages, including economic and non-economic relief | Punishment (incarceration, fines, probation) and increased public safety |
| Survivor’s Role | Party to the case; typically an active participant | A key witness but not a party/plaintiff to the case |
| Impact on Civil/Criminal Case | May proceed regardless of criminal charges or dismissals | May proceed regardless of civil lawsuits |
Can the Victim of Sexual Assault File a Civil Lawsuit?
Yes. Survivors have the right to seek accountability through the civil system. Filing a civil case is entirely your choice. There is no “right” timeline—what matters is that you move forward only when you feel supported and ready.
The Civil Lawsuit Process (and How We Support You Through It)
A civil lawsuit can take time, and we intentionally structure our work to minimize stress wherever possible. You will never be asked to revisit your experience more than necessary, and you remain in control of how and when to share information.
Below is an outline of what typically occurs in these cases.
Intake and Evaluation
This first step is a private, compassionate conversation with a trauma‑informed attorney. We focus on creating a safe, respectful environment and gather only the information needed to begin understanding the case.
You decide what details you want to share and when. Our role is to listen, validate, and guide.
Pre-Suit Preparation
This is a collaborative phase where we quietly begin building the foundation of your case while keeping you informed and supported. It may involve:
- Preserving essential evidence
- Identifying responsible individuals or institutions
- Consulting medical or psychological experts when helpful
- Beginning to prepare you for future steps, such as depositions, at a pace tailored to your comfort
This work can take several weeks or more. You are not expected to manage any legal tasks alone—your legal team handles the heavy lifting.
Filing the Complaint and Receiving the Response
The Complaint (or Petition) is the formal document that starts the civil lawsuit. It describes what happened, identifies the individuals or institutions responsible, and explains the relief the law allows survivors to pursue.
The defendant must submit a Response, either admitting or denying the allegations, or challenging aspects of the case.
This stage often sounds intimidating to survivors, but you will not have to confront the defendant. We handle the communication, filings, and procedural requirements.
Discovery
Discovery is the information‑gathering phase, and it can be lengthy. It may include:
- Written questions and document exchanges
- Depositions (including yours, which we prepare for thoughtfully and at your pace)
- Requests for examinations in certain jurisdictions
- Expert evaluations
Discovery can feel intrusive, and it’s normal for survivors to experience anxiety here. We advocate for protections—such as limited disclosure, privacy measures, and trauma‑informed accommodations—when permitted by court rules and judicial discretion.
You will never be asked to face these steps alone.
Pre-Trial Motions
These are requests lawyers make to the court to ensure fairness, clarify issues, or resolve legal questions. Some motions can speed up the case; others help shape what evidence will be allowed.
We keep you updated on timelines and progress, but you are not expected to appear in court unless absolutely necessary.
Resolution: Settlement, Mediation, or Trial
Many cases resolve through negotiation or mediation, where survivors often take an active role in decision‑making if they choose. If the case proceeds to trial, our trial‑experienced attorneys handle the courtroom work while centering your voice, boundaries, and physical and emotional safety.
What Evidence Supports a Civil Sexual Assault Case?
Civil cases may involve various forms of evidence, such as:
- Text messages, emails, or digital records
- Medical or mental‑health records
- Incident reports from schools, workplaces, or venues
- Security footage or access logs
- Policies or safety practices of organizations that may have played a role
You are not responsible for gathering everything on your own—your legal team will help collect, organize, and protect evidence. You’re only asked to save anything you feel comfortable keeping or sharing.
What Damages May be Available?
Depending on the jurisdiction, civil cases may seek:
- Financial losses: treatment costs, missed work, or other out‑of‑pocket expenses
- Non‑financial losses: emotional distress, trauma‑related impacts, loss of stability or sense of safety
- Punitive damages: sometimes available when conduct is especially harmful
We work with you to understand your needs and pursue the relief the law allows.
You Deserve Compassionate, Skilled Representation
You do not have to go through this alone. The trial lawyers of Davis, Bethune & Jones offer confidential, trauma‑informed legal support rooted in respect, protection, and strength. Our team is prepared to guide you through the civil process while honoring your boundaries and your voice.
If you would like to talk about your options, we are here when you’re ready. Please contact us
to speak with a member of our team in a safe and private setting.