One of the most painful questions survivors of abuse often ask is, “Can I still sue if the person who hurt me wasn’t convicted?” For many, the trauma of not being believed—or watching the system let their abuser walk free—can feel like a second betrayal.
But the answer to this question is powerful and affirming: yes, you can still sue.
In Missouri, survivors of sexual abuse and assault have the right to pursue justice through the civil court system, even if the criminal system declined to act. Whether there was no arrest, the charges were dropped, or a trial ended in an acquittal, the civil legal process is entirely separate. It offers survivors another path—one that centers their voice and their power.
Why So Many Abusers Are Never Convicted
We grow up believing that justice means a courtroom, a guilty verdict, and a prison sentence. But the reality is that in sexual abuse cases, the criminal system often fails survivors.
According to data from RAINN, out of every 1,000 sexual assaults in the United States, only about 310 are ever reported to law enforcement. Of those, roughly 50 lead to an arrest, and fewer than 25 result in jail time.
That means the vast majority of sexual abusers are never convicted.
Prosecutors often decline to file charges because the evidence doesn’t meet the strict burden required in criminal court. Delayed reporting, lack of physical evidence, or a fear that a jury won’t believe the survivor can all result in no case being filed—even when the abuse clearly happened.
But none of that means you don’t deserve justice.
Civil Lawsuits Give Survivors Another Option
Criminal cases and civil cases are two entirely different processes. A criminal case is brought by the state to punish someone for breaking the law. The goal is incarceration, probation, or registration as a sex offender. The standard of proof is very high: guilt beyond a reasonable doubt.
A civil case, by contrast, is brought by the survivor. The standard of proof is lower—just a preponderance of the evidence, which means it is more likely than not that the abuse occurred. Instead of punishment, the goal is accountability, compensation, and the opportunity to tell your story on your terms.
You don’t need to have reported the abuse to police, and you don’t need a guilty verdict in criminal court to file a civil claim.
How Civil Cases Work Without a Conviction
In a civil lawsuit, you are the one in control. You hire your own attorney, choose when to file, and decide whether to settle or proceed to trial. Unlike in criminal court, where survivors often feel sidelined, the civil system puts your experience at the center of the case.
What makes civil cases more accessible for many survivors is the burden of proof. You don’t have to prove your case beyond all doubt. You only need to show that the abuse more likely than not occurred. That single shift opens the door for many cases the criminal system deemed “too hard to win.”
Even if your abuser was acquitted in criminal court, you may still win a civil case. A well-known example of this is the O.J. Simpson case. Although he was found not guilty of murder in criminal court, he was later found liable in civil court and ordered to pay $33.5 million to the victims’ families.
Missouri civil courts follow the same structure—an acquittal does not mean your case cannot succeed.
What You Can Seek in a Civil Lawsuit?
Civil lawsuits allow survivors to seek financial compensation for the harm they have suffered. This includes therapy bills, medical treatment, lost income, and the emotional toll of trauma. Missouri courts also allow claims for pain and suffering and, in some cases, punitive damages designed to punish especially egregious conduct.
But for many survivors, the value of a civil lawsuit goes far beyond financial compensation. It can offer emotional closure, a sense of control, and a public acknowledgment of what was done to you.
Many cases also expose patterns of abuse and lead to changes that protect others—especially when institutions like schools, churches, or camps are held responsible.
What If I Never Reported It?
You can still sue. While a police report may strengthen your claim, it is not a requirement. Civil lawsuits are often built on a range of evidence:
- Therapy or counseling records
- Journal entries or personal notes
- Text messages, emails, or social media posts
- Witness testimony from friends or family
- Reports or records from schools or employers
Even if the abuse occurred years ago, or if you never told anyone at the time, you may still have a valid case.
Can I Still Sue If My Abuser Has No Money?
This is a common and understandable concern. Many survivors hesitate to pursue legal action because they believe their abuser has no assets or income. But civil lawsuits are not limited to the individual abuser.
Often, survivors can bring claims against third parties who enabled or ignored the abuse. These might include:
- A school that failed to protect students
- A church that covered up abuse by a pastor
- A youth organization that ignored red flags
- An employer that failed to act on complaints
In these cases, it is often an insurance policy or institutional funds—not the individual’s bank account—that pays the settlement or verdict.
Even if the abuser has no current income or property, a judgment can remain enforceable for years, and in some cases, structured settlements or wage garnishment are options.
What If I Signed an NDA?
If you signed a non-disclosure agreement—perhaps as part of a past settlement or in the course of your employment—you may still have options. NDAs are not always enforceable, especially if they were signed under duress, involved illegal conduct, or were overly broad.
Your legal team can review the terms and determine whether the agreement actually prevents you from filing a lawsuit. In many cases, courts have found that NDAs cannot shield abusers from liability for sexual assault or prevent survivors from exercising their legal rights.
How Long Do I Have to File a Lawsuit?
Missouri has specific time limits, known as statutes of limitations, for filing a civil lawsuit. For adult survivors, the general deadline is five years from the date of the abuse. For survivors of childhood sexual abuse, the current law gives you until your 31st birthday to file a civil claim.
However, pending legislation in Missouri would extend that deadline to age 41, giving survivors more time to come forward when they are ready. You can read more about that proposed change here: Missouri Independent – SOL Reform Bill
In some cases, you may still be able to file even if those deadlines have passed. For example, if you only recently discovered the emotional harm caused by the abuse—or if you repressed the memories until later in life—a legal exception called the discovery rule may apply.
What If I Don’t Want to Go to Court?
Most civil cases are resolved through settlement—without going to trial. Settling the case means both sides agree on an amount of compensation, and the matter is resolved privately.
If your case does go to trial, Missouri courts offer protections to make the process more comfortable. You may be able to testify under a pseudonym, request that the courtroom be closed to the public, or testify by video to avoid facing your abuser.
Your legal team will work with you to ensure your comfort, safety, and emotional well-being throughout the process. You never have to face this alone.
What Happens Next?
If you’re considering legal action, your next step is to speak with a trauma-informed attorney who can walk you through your options. You are not committing to anything by having a conversation—but that conversation could be the start of taking back control.
At O’Brien Law Firm, we listen first. We believe survivors. And we understand that sometimes, the system that was supposed to protect you simply did not. That is why we are here.
We will help you evaluate your options, understand how the law applies to your situation, and take the next step—if and when you are ready.
You Still Have Rights
The absence of a conviction does not erase what happened. It does not define your truth. And it certainly does not end your ability to seek justice.
You still have a voice. You still have rights. And you still have time to act.
Contact us today for a private, no-obligation consultation. You may not have found justice through the criminal system—but your story is not over.