Survivors of abuse and violent crimes often carry not only trauma, but also confusion about how the justice system works. If the police declined to press charges or the offender was acquitted, is that the end of the road?
In Missouri and across the United States, the answer is no.
Criminal prosecution is just one path to justice—and while it focuses on punishing the offender, a civil lawsuit puts the survivor at the center. In fact, many survivors choose the civil path to seek compensation, accountability, and healing—even when the criminal system fails to act.
This guide explains the key differences between criminal and civil cases, and how each can empower survivors in different ways.
The Basics: Comparing Criminal and Civil Legal Paths
Let’s start with a side-by-side comparison of the two systems:

The same incident—such as sexual assault—can result in both a criminal trial and a civil lawsuit. You can also pursue a civil case independently, even if the criminal system declines to act.
Understanding Criminal Prosecution in Missouri
A criminal case is initiated by the government. The goal is to protect public safety by punishing someone who has violated criminal law.
In Missouri, prosecutors decide whether to charge a defendant based on evidence collected by law enforcement. This means that you, as the survivor, are not in control of the case. While you may be consulted or called as a witness, the state makes all decisions.
Key Characteristics:
- Charges must be proven “beyond a reasonable doubt,” the highest legal standard.
- Survivors have the right to be notified of proceedings and submit a victim impact statement at sentencing.
- The goal is criminal penalties: jail, probation, sex offender registration—not financial recovery.
Learn more about your rights under Missouri’s Crime Victims’ Bill of Rights.
Challenges Survivors Face:
- Prosecutors may decline to bring charges if they believe they can’t meet the high burden of proof.
- Trials may re-traumatize survivors.
- Acquittal doesn’t mean the abuse didn’t happen—it simply means guilt wasn’t proven beyond a reasonable doubt.
The Civil Lawsuit Option: Justice That Centers the Survivor
In a civil case, the survivor brings the lawsuit, not the government. You and your attorney are in charge of the case—from deciding when to file, to whether to accept a settlement or go to trial.
Civil cases in Missouri use a lower burden of proof: “preponderance of the evidence”—meaning it’s more likely than not that the abuse occurred. This standard opens the door for many survivors to seek justice even if no charges were filed or if a criminal trial resulted in an acquittal.
Civil Cases Can Seek:
- Compensation for medical costs, therapy, lost wages
- Damages for pain and suffering, emotional distress
- Punitive damages to punish especially egregious conduct
- Accountability from institutions that enabled or ignored abuse
Missouri Example:
A 2024 federal lawsuit sought $75 million from two Missouri dioceses accused of concealing clergy sexual abuse. Even though criminal charges were not filed in some cases, survivors could still pursue civil damages
Can You Do Both? Yes.
You can pursue a civil lawsuit at the same time as a criminal case, after it concludes—or even if it never happens.
Civil proceedings are often more survivor-friendly. Many cases settle before trial. Survivors may file anonymously (e.g., as “Jane Doe”), and courts can seal records to protect your privacy.
A famous example: O.J. Simpson was acquitted in criminal court, but later found liable in civil court for the same acts and ordered to pay $33.5 million to the victims’ families.
Missouri survivors should know: A not-guilty verdict in a criminal court does not prevent you from seeking civil justice.
Why Survivors Choose the Civil Route
Pursuing a civil lawsuit offers distinct benefits beyond financial compensation. Survivors tell us they choose this path because it gives them:
1. Control
You decide if and when to take legal action. You choose whether to settle or go to trial.
2. Validation
Civil lawsuits affirm your story in a legal setting. Even without a criminal conviction, the court can recognize your truth.
3. Compensation
Survivors can recover costs for therapy, lost income, and more—expenses the criminal court doesn’t address.
4. Accountability
Institutions like schools, religious groups, camps, and businesses can be held responsible if they enabled abuse.
Learn how civil litigation can drive systemic change in this report from the National Center for Victims of Crime.
What If You’re Not Ready to Report to Police?
Many survivors aren’t. And that’s okay.
You may still have a viable civil claim, particularly for sexual abuse, where trauma and delayed disclosure are common. Missouri law reflects this reality:
- Childhood sexual abuse survivors generally have until age 31 to file a civil suit.
- New legislation may extend that to age 41 (Missouri Independent).
Adults who were abused typically have five years to file a claim for intentional acts like assault or battery, under Missouri’s civil statutes (Missouri Revisor of Statutes).
If trauma delayed your awareness of the harm or connection to the abuse, you may still qualify under what’s called the discovery rule—allowing the time limit to start from when the injury is discovered.
What Can You Recover in a Civil Lawsuit?
Here’s what survivors commonly seek in civil claims:
Economic Damages
- Medical expenses, therapy costs
- Lost wages or employment opportunities
- Out-of-pocket costs related to the abuse
Non-Economic Damages
- Pain and suffering
- PTSD and long-term psychological effects
- Loss of enjoyment of life
Punitive Damages
- Awarded in cases involving reckless or malicious conduct
- Intended to punish the wrongdoer and deter others
In some situations, institutions or employers may be covered by liability insurance, increasing the likelihood of collecting compensation.
Learn more about civil damages from the National Crime Victim Bar Association.
Survivors Are Protected During the Legal Process
Missouri courts recognize that survivors often face re-traumatization during legal proceedings. Protections may include:
- Testifying under a pseudonym
- Sealing of court records involving sensitive information
- Closed courtroom testimony for sexual abuse survivors
- The ability to settle the case confidentially without a public trial
Our team also ensures your case is handled with a trauma-informed approach—prioritizing your safety, comfort, and mental well-being throughout the legal process.
What About Cases with No Conviction or Unknown Offenders?
Civil law allows you to seek justice even when:
- No one was charged or arrested
- The abuser’s identity is uncertain but an institution failed to act
- The offender has no money (you may sue third parties with insurance or assets)
You may also qualify for assistance from the Missouri Crime Victims’ Compensation Program, which helps cover expenses like counseling and lost wages—even if you don’t sue.
Ready to Explore Your Legal Options? Let’s Talk.
At O’Brien Law Firm, we understand that deciding whether to pursue a civil lawsuit is a deeply personal decision. You deserve answers, clarity, and support—not pressure. If you or someone you love has been impacted by abuse or violence, we’re here to help you understand your options without judgment or obligation.
We offer:
- Confidential consultations
- Anonymous filings where permitted
- Trauma-informed legal advocacy
- Aggressive representation in civil claims
Whether or not the criminal system acted on your case, you still have a powerful path forward.
Contact us today to speak with an attorney who will listen, believe you, and fight for the justice you deserve.