Module 9
Civil Systems and How They Interact with the Criminal Case

Civil Action

As discussed in Module 4, a victim may bring a civil action to recover costs and expenses related to their victimization.1 Module 2 explained the key differences between the criminal and civil justice systems. A civil action is useful to:

  • Recover monies from a restitution order that remains unpaid;
  • Demand payment for expenses;
  • Receive money damages.

In most jurisdictions, if a defendant is unable to satisfy a restitution order, a civil judgment may be entered to ensure that should the defendant receive any income, that money would be held for the victim until the order is satisfied. In some jurisdictions, the court or the entity overseeing the satisfaction of the restitution order will request that a civil judgment be entered on behalf of the victim.

To demand payment for expenses not covered by restitution or compensation, in lieu of restitution and compensation, a victim can bring a civil action against the defendant and any other entity that may have directly or indirectly contributed to their victimization. Example: Victim was a guest at a hotel. Defendant entered the hotel through a broken window and assaulted Victim. Victim may bring a civil action against both the perpetrator, for his direct actions, and the hotel, for its indirect actions that contributed to the victim’s harm.

In a civil action, the victim is a party, unlike in the criminal case. As a party, the victim has control over decision-making in the case. To be successful in a civil action, the victim must first prove that the action occurred, that the defendant caused the action, and that injuries resulted from the action. In most jurisdictions, a decision will be based on the preponderance of the evidence standard, which differs from the reasonable doubt standard used in criminal court. To find a defendant responsible in a civil action, the court or jury must determine that it is more likely than not that the defendant engaged in the actions being alleged. If the court or jury finds for the victim, the court or jury will then determine the amount to be awarded, which can be limited to the costs incurred, or serve to punish the defendant for their action.

Bringing a civil action is an available option when victims do not want to report to law enforcement or pursuing a criminal action is not successful. However, in a civil action, a victim is responsible for all fees incurred. This would include attorney fees, filing fees, expert testimony, etc. Depending on the complexity of the case and the victim’s fee arrangement with their civil attorney, a victim may incur a great financial burden.

When a civil action and a criminal action are both brought, whether consecutively or concurrently, the information disclosed in either proceeding may differ, based on the rulings of the individual judges. Though the same rules of evidence apply in criminal and civil actions, a judge in a civil action may permit questioning or information of a topic that the criminal judge previously excluded. Additionally, statements made in one proceeding may be admissible in the other proceeding. It is important that the prosecutor is informed if there is a civil action between the victim and the defendant.

Human Trafficking and Civil Action2

Aside from the civil actions available to victims as discussed above, federal legislation provides a mechanism for trafficking victims to pursue civil actions against their traffickers with the Trafficking Victims Protection Reauthorization Act of 2003.3 This federal law allows victims to recover damages and attorney fees from their perpetrator.

Disclaimers and Footnotes

1. Comprehensive resources detailing civil options for victims are available from: 

2. A comprehensive resource by the American Bar Association, titled Meeting the Legal Needs of Human Trafficking Victims: An Introduction for Domestic Violence Attorneys and Advocates may be reviewed at http://library.niwap.org/wp-content/uploads/2015/IMM-Man-TraffickedVictimsLegalNeeds-09.pdf.

3. United States Department of State, https://www.state.gov/j/tip/laws/61130.htm.

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