By Pamela A. Lee, Esquire
As I write this blog post, the media are anxiously waiting outside a district courthouse in Montgomery County, PA. Why? Bill Cosby is due to be arraigned on felony indecent assault charges stemming from an alleged 2004 incident in his home.
The county prosecutors originally investigated the victim’s complaint in 2005; however, citing lack of evidence, they decided not to pursue criminal charges against Cosby at that time. What may be less known is that the victim thereafter filed a civil lawsuit against Cosby.
The civil lawsuit did what the prosecutors could not do in 2005; from the victim’s perspective, the civil lawsuit held Cosby responsible for his actions and brought a measure of justice to the victim. Moreover, Cosby’s deposition testimony in the victim’s civil lawsuit is now being used as a factual basis to support the criminal charges filed against him today.
Victims of sexual assault who bring a civil lawsuit may receive compensation for their losses and harm, such as money they lost (medical expenses and lost income) and emotional harm they suffered.
In addition to holding their wrongdoers accountable, victims of sexual assault may be able to properly hold other parties liable who may have assisted, facilitated, or contributed to the wrongdoing against the victim. These other parties may include a daycare facility, school, college, shopping center or other public facility such as a hotel or church. For example, owners of public facilities who fail to provide adequate security or fail to warn their customers of recent violent sexual assaults could be properly held liable to the victim. A school that fails to conduct proper background checks on its employees and hires a violent sex offender who has contact with children could also be held properly liable for placing a child victim in imminent danger.
What are the practical differences between a civil lawsuit and a criminal prosecution? Two come to mind. In a civil lawsuit, the victim herself is a party and therefore retains certain control over her case, such as the decision whether or not to settle the lawsuit. The burden of proof is also different. In a criminal case, the prosecution’s burden is much higher – it must prove guilt “beyond a reasonable doubt.” But in a civil lawsuit case, a victim must prove liability only by a “preponderance of the evidence,” in other words that it is more likely than not that the wrongdoer committed the wrongful act.
If you are an adult victim of sexual assault, you should know that in Pennsylvania, the statute of limitations for a civil lawsuit—the deadline by which time you must file your lawsuit in court—is only two years from the date of the incident. But if you are a victim and were younger than 18 years of age at the time of the sexual assault, you have until your 30th birthday to file your civil lawsuit in court.
Keep in mind that the statute of limitations is different for criminal charges. Cosby’s victim filed her civil lawsuit within two years after the alleged sexual assault. From the victim’s perspective, it was fortunate that the recent unsealing of Cosby’s deposition testimony in her civil lawsuit reopened the criminal investigation against him, and criminal charges were filed against him today, just before the statute of limitations expired next month.
Why do victims of sexual assault file a civil lawsuit? It’s not just about seeking full and fair compensation for their harm and losses. The answers sexual assault victims give us almost always include regaining a sense of control over their life by stepping up and holding the wrongdoers responsible for their role in the crime against them; and stopping wrongdoers from ever again committing the same crimes against other victims. Whatever the appropriate reason is to file a civil lawsuit, we can help seek civil justice for victims of sexual assault.
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