Portland Sexual Assault Attorney

How Sexual Assault Lawsuits Differ from Criminal Proceedings in Maine

When you are harmed by sexual abuse or assault, you will of course want to do everything you can to hold your abuser accountable. While your abuser may face criminal charges, you may also have the right to simultaneously take civil legal action against them.

In Maine, sexual assault lawsuits are civil cases that are distinct from criminal proceedings in a number of ways. Civil litigation focuses on obtaining compensation for the victim, whereas criminal proceedings aim to penalize the offender for their actions.  

In a sexual assault lawsuit, the survivor files a claim against the offender seeking damages for the harm inflicted. It is crucial to note that in civil trials, the standard of proof is lower than the standard used in criminal trials. Specifically, the survivor only needs to prove that it's more likely than not that the abuse occurred, which is often referred to as a “preponderance of the evidence.”

Criminal proceedings are initiated by the state, and the offender, if found guilty, may face imprisonment, fines, or other forms of punishment. Importantly, the burden of proof in criminal cases is significantly higher. The prosecution must prove that the defendant committed the crime “beyond a reasonable doubt,” a much higher standard.

The differing standards of proof mean that civil and criminal cases involving the same sexual assault can have very different outcomes. The outcome of one does not necessarily impact the other. For example, a defendant could be found not guilty in a criminal trial yet still be found liable in a civil trial due to both the strength of the civil claim as well as the differing standards of proof.

In other words, do not assume you do not have a case if your abuser was not charged or was found “not guilty.” Our Portland sexual assault attorney understands how to effectively advocate for survivors and can help you understand your legal options.

Who Is Liable for Sexual Assault in Maine?

In Maine, liability for sexual assault can in some instances extend beyond the perpetrator of the act. Depending on the circumstances of the case, other parties can also be held responsible. These may include employers, organizations, and institutions if it can be proven that they were negligent in their duty of care.

For example, if an employer knew or should have known about an employee's abusive behavior and failed to take appropriate action, they could be held liable for the resulting harm. Similarly, schools, colleges, and other educational institutions can be held accountable if they failed to protect students from abuse. Under the state’s premises liability laws, property owners or operators could be found liable if a sexual assault occurred on their property due to inadequate security measures. 

Determining liability in these cases can be complex and requires a thorough examination of the facts. At Foster Law, we have the legal knowledge needed to thoroughly investigate the circumstances of the abuse and identify all liable parties.