The criminal system is only one path — and it is not controlled by you. The civil justice system gives survivors their own avenue to accountability and recovery. Here is a clear overview of your options.
Many survivors understandably think of "the case" as the criminal case — police, prosecutors, and the possibility of charges. But the criminal system is run by the state, not by the survivor. As RAINN explains, even when a survivor reports and cooperates, the decision to file criminal charges belongs to the government, and prosecutors must prove guilt beyond a reasonable doubt.
The civil system is different. It is a survivor’s own avenue. Rather than determining criminal guilt, a civil case asks whether an offender or a responsible third party is liable for the injuries the wrong caused, and the standard is lower — generally whether it is more likely than not that the defendant is responsible. These are genuinely separate rights, and a survivor can have civil options regardless of what happens, or does not happen, on the criminal side.
The civil justice system is oriented toward a different set of goals than the criminal system. It can offer things the criminal process is not designed to provide.
One of the most important things for survivors to understand is that a civil claim does not depend on the criminal system’s outcome. Because the civil standard of proof is lower, it is possible to establish a defendant’s civil liability even where there was no criminal charge, or where a criminal case ended without a conviction. The two systems are evaluating different questions under different rules.
This matters because survivors are sometimes told, or assume, that without a criminal conviction there is nothing to be done. That is not how the civil system works. Your civil options stand on their own.
Two practical concerns shape whether survivors feel able to exercise their civil rights: privacy and time. Both are addressable. On privacy, many courts allow survivors to proceed under a pseudonym such as "Jane Doe" or "John Doe," and protective orders can keep sensitive information out of public view. On timing, the deadlines to bring a civil claim have changed substantially in many states, with extensions, eliminations, and revival windows for sexual abuse.
Because both privacy procedures and deadlines vary by state and change over time, these are exactly the kinds of questions to confirm with a licensed attorney rather than to guess at. What was true a few years ago may not be true now.
Understanding your options is not the same as being obligated to act on them. A survivor has the right to learn what is possible and then decide — in their own time and on their own terms — whether to proceed. There is no wrong choice in simply gathering information.
If you want to understand your civil options, the Alliance can connect you with vetted member attorneys for a free, no-obligation conversation. The Alliance is itself a national alliance of attorneys and not a law firm; it does not provide legal services or advice. Member attorneys typically work on contingency, so understanding your options costs you nothing. RAINN’s National Sexual Assault Hotline is also available 24/7, free and confidential, at 800-656-4673.
The Survivor Justice Alliance is an attorney alliance and advocacy organization, not a law firm; nothing here is legal advice. Attorney advertising. Referrals and consultations are free, and alliance attorneys work on contingency. Support is available 24/7 at the RAINN hotline, 800-656-4673.
Yes, potentially. The civil system is separate from the criminal system and uses a lower standard of proof, so a civil claim does not require criminal charges or a conviction. Whether you have a viable claim depends on the facts and your state’s law.
No. Pressing charges is part of the criminal process, which is controlled by the government. A civil case is your own legal action, initiated and directed with your attorney.
Often, yes. Many courts allow survivors to proceed under a pseudonym, and protective orders can shield sensitive information. Procedures vary by state, so confirm with an attorney.
No. Learning your options carries no obligation. The decision whether and when to proceed is yours.