When survivors of sexual abuse decide to pursue justice, they often face two distinct legal paths: criminal prosecution and civil litigation. While both aim to hold perpetrators accountable, they serve different purposes and offer different forms of closure.
For many survivors, criminal prosecution feels out of reach. Prosecutors may decline charges, evidence may be limited, or too much time may have passed. In these situations, civil lawsuits offer another way to seek truth, accountability, and healing.
Attorney Grant Boyd and O’Brien Law Firm help survivors understand their legal options under Missouri law and guide them through the civil process with compassion and care.
The Difference Between Criminal and Civil Cases
Criminal cases are filed by the government and focus on punishing offenders. Civil cases, on the other hand, are filed by survivors to obtain justice on a personal level.
Key differences include:
Control: In a civil case, the survivor decides whether to move forward, while in a criminal case, that decision rests with the state.
Standard of proof: Criminal cases require proof beyond a reasonable doubt, while civil cases require only a preponderance of the evidence.
Outcome: Criminal cases can result in jail time or probation, whereas civil cases result in financial compensation and public acknowledgment of wrongdoing.
Both types of cases are important, but civil law provides survivors with a greater sense of agency and voice.
Why Criminal Charges Are Not Always Filed
Criminal prosecution can be difficult for many reasons. Abuse often occurs in private, leaving little physical evidence. Survivors may not come forward for years because of trauma, fear, or manipulation.
Even when survivors do report, prosecutors may decline to file charges due to:
Insufficient physical or forensic evidence
Expired criminal statute of limitations
Lack of corroborating witnesses
Concerns about the likelihood of conviction
These obstacles can leave survivors feeling powerless. Civil law offers an alternative path that focuses on acknowledgment and accountability, not punishment.
The Benefits of Pursuing Civil Justice
A civil lawsuit allows survivors to regain control over their story. It focuses on the harm they endured and the responsibility of those who caused or enabled it.
Civil cases can achieve outcomes such as:
Accountability: Holding both abusers and negligent institutions responsible for their actions.
Validation: Affirming that the survivor’s experience is real and significant.
Compensation: Providing financial support for therapy, medical care, and long-term recovery.
Empowerment: Allowing survivors to make decisions at every stage of the process.
Public awareness: Exposing patterns of misconduct that might otherwise remain hidden.
Attorney Grant Boyd emphasizes that for many survivors, civil litigation provides a sense of justice that the criminal system was unable or unwilling to deliver.
How Civil Lawsuits Help Survivors Heal
Civil lawsuits are not only about financial recovery. They can also be deeply healing. By confronting those who caused harm, survivors can begin to release feelings of guilt, shame, and fear.
The legal process itself becomes a structured way to reclaim power. Survivors have the opportunity to tell their story, present evidence, and demand accountability. This can restore a sense of control that was taken from them during the abuse.
For many clients represented by O’Brien Law Firm, civil justice is part of emotional recovery, not just legal resolution.
Institutional Accountability Through Civil Claims
Civil lawsuits can also hold organizations accountable for their role in enabling abuse. Schools, churches, youth programs, and other institutions that ignore warning signs or conceal misconduct may share liability.
These cases lead to real change by forcing organizations to:
Improve safety and reporting procedures
Conduct background checks and staff training
Create transparent policies that protect children
Publicly acknowledge failures and take corrective action
Institutional accountability ensures that survivors’ experiences help prevent future abuse.
Missouri’s Civil Statute of Limitations for Childhood Sexual Abuse
Missouri law provides specific time limits for survivors to file civil claims for childhood sexual abuse. These depend on who is being sued:
Against the abuser: Survivors can file until age 31
Against a negligent institution or non-perpetrator: Survivors can file until age 26
In certain cases involving delayed disclosure or repressed memories, survivors may still have legal options beyond these time limits.
Important Note: Statutes of limitations can be complex and may depend on the specific facts of a case. Survivors should speak with an attorney as soon as possible to understand their legal options and filing deadlines.
Attorney Grant Boyd works closely with each client to determine how Missouri law applies to their situation and to preserve their right to pursue justice.
Choosing the Path That Feels Right
Every survivor’s journey is different. Some may choose to participate in both criminal and civil cases, while others focus solely on the civil process. What matters most is that survivors understand their options and choose the path that supports their healing.
Civil justice is not a replacement for criminal prosecution—it is an additional way for survivors to be heard, validated, and supported. Through legal advocacy and compassion, O’Brien Law Firm helps survivors take back their voice and begin to rebuild their future.