When families discover abuse, many hope criminal prosecutors will step in and pursue justice. But criminal investigations often move slowly, face limited resources, or fail to bring charges at all. Civil lawsuits, while separate from the criminal justice system, can play an important role in supporting criminal cases. In Missouri, survivors and their families have learned that filing a civil lawsuit not only holds perpetrators and institutions accountable, but also uncovers evidence that can influence prosecutors and strengthen criminal investigations.
This article explains how civil lawsuits and criminal cases interact, why they are different, and how taking legal action on the civil side may increase the chances of criminal accountability.
Understanding the Difference Between Civil and Criminal Cases
Civil Cases
A civil lawsuit is filed by a survivor or their family, not by the government. The goal is accountability and compensation. Civil cases can target both the abuser and institutions that enabled the abuse, such as schools, churches, or foster care agencies.
Criminal Cases
A criminal case is brought by the state. The prosecutor must prove the abuser’s guilt “beyond a reasonable doubt,” which is a very high standard. Convictions can result in prison time, probation, or registration as a sex offender.
While separate, these two paths often intersect. What happens in a civil case can provide valuable support to criminal prosecutors.
How Civil Lawsuits Can Influence Criminal Investigations
Discovery of Evidence
Civil lawsuits allow for broad discovery. Attorneys can demand documents, internal records, and testimony under oath. This evidence may reveal patterns of abuse, cover-ups by institutions, or other victims. Criminal prosecutors often lack the resources or legal grounds to obtain such materials unless they already have charges filed.
Encouraging Other Survivors to Come Forward
When one survivor files a lawsuit, others often find the courage to share their experiences. Multiple voices can push law enforcement to investigate more aggressively. Prosecutors may take action when they see a pattern of abuse across many victims.
Exposing Institutional Failures
Civil lawsuits do more than target individual abusers. They highlight systemic failures, such as schools ignoring reports or churches protecting clergy. These revelations can force prosecutors to investigate not only individuals, but also organizations that shielded them.
Building Pressure on Prosecutors
Public attention from civil lawsuits can create pressure on prosecutors. When communities see evidence laid out in court filings, it becomes harder for law enforcement to stay silent. Prosecutors may feel compelled to file charges where they might otherwise hesitate.
Why Criminal Cases Sometimes Fail Without Civil Support
- High Burden of Proof: Criminal cases require evidence beyond a reasonable doubt. Civil cases only require proof by a “preponderance of the evidence,” meaning more likely than not.
- Lack of Immediate Evidence: Many child sexual abuse cases surface years later, making criminal prosecution difficult. Civil suits can still proceed even if criminal charges are not possible.
- Limited Resources: Prosecutors often face heavy caseloads. Civil attorneys, however, can dedicate significant time and resources to investigating abuse.
How Survivors Benefit from Pursuing Both Paths
Even if a criminal case never moves forward, a civil lawsuit offers survivors validation, financial recovery, and a sense of justice. But when both are pursued, the impact can be powerful. Survivors may see their abuser convicted in criminal court while also holding institutions accountable through civil damages.
Missouri Law and the Importance of Timely Action
As in all legal matters, time is critical. Survivors of child sexual abuse in Missouri can file civil lawsuits:
- Until age 31 against perpetrators.
- Until age 26 against negligent institutions.
Federal law claims may not have a statute of limitations. Because civil and criminal timelines differ, survivors should speak with an attorney as soon as possible to ensure no opportunity for justice is lost.
Civil lawsuits and criminal prosecutions are separate but interconnected tools for justice. In Missouri, survivors who file civil lawsuits not only seek their own healing and accountability, but also provide prosecutors with the evidence and support needed to pursue criminal charges. Filing a civil case can shine light on abuse, reveal cover-ups, and encourage other survivors to come forward—ultimately strengthening the pursuit of justice on all fronts.
At O’Brien Law Firm, attorney Grant Boyd helps survivors understand how civil actions can influence criminal investigations. If you are considering legal action, our team can guide you through both the civil and criminal implications with compassion and clarity.