One of the most common things survivors in Crawford County tell us is, "The prosecutor never charged him, so I guess there's nothing I can do." That's not necessarily true. A criminal case and a civil case are two separate things.
Two different systems with two different goals
A criminal case is brought by the government, which here usually means the county prosecutor. Its purpose is punishment, like jail or probation. The prosecutor decides whether to file charges, and the case has to be proven beyond a reasonable doubt. That's the highest standard in our legal system.
A civil case is brought by you, the survivor. Its purpose is compensation for what you've been through, and holding responsible people or institutions accountable. Generally, you have to show your claims are more likely true than not. That's a lower bar than the criminal standard.
Because the systems and standards are different, a civil claim can often go forward even if:
- No one ever called the police.
- Police investigated but no charges were filed.
- Charges were filed and later dropped.
- The case went to trial and the accused was found not guilty.
Why charges don't get filed
Prosecutors decline cases for many reasons that have nothing to do with whether the abuse happened. Evidence may be thin for the criminal standard, or too much time may have passed. A key witness may be unwilling to testify. In a small community like ours, where people know each other, survivors are sometimes reluctant to go through a public criminal trial at all. None of that means you weren't harmed.
What a civil case can be built on
Without a criminal conviction, a civil case may rely on your own testimony, medical and counseling records, texts, social media messages, and witnesses who noticed changes in you. It can also draw on records from a school, church, employer, or other organization that may have known about warning signs. Our post on institutional negligence explains when an organization may also be responsible.
Deadlines still apply
The civil deadline runs on its own clock, separate from any criminal case. Read our post on Missouri's statute of limitations for sexual abuse claims, and talk to an attorney early.
If you're in Steelville, Cuba, Bourbon, Cherryville, or anywhere in Crawford County, call Cardinal Law at (573) 885-1400. Your conversation with us is confidential.