Sexual battery, when charged as an intimate partner abuse crime, carries a maximum four-year prison sentence and up to a $10,000 fine in addition to a host of other consequences.

In addition to these criminal penalties, an individual who has sexually battered his or her intimate partner may also face civil liability for this “tort” (the civil term for wrong) if his or her partner chooses to sue the individual for monetary damages. There are several differences between a civil and criminal case and include the filing procedure, the way a verdict can be reached and the penalties.

Civil cases and criminal cases are filed completely differently. In a civil suit, the alleged victim is the one who files the complaint and becomes known as the plaintiff. The state doesn’t get involved in a civil suit. In a criminal case, the complaining witness gets the ball rolling when he or she calls 911 or files a police report, but once that is done, the state takes over and either the District Attorney’s Office or the City Attorney’s Office actually files the charges and prosecutes the case.

Another major difference between the two types of cases is that in a civil case, it is much easier to find the defendant guilty, as only 75% of the jury needs convincing that the defendant should be held liable, and they only need to believe that there is a greater than 50% chance that he or she committed a sexual battery. This “preponderance of the evidence” standard is the legal standard that applies to civil cases. In a criminal case, the jury must unanimously agree that the defendant is guilty and must find him or her guilty “beyond a reasonable doubt,” which is the highest standard found in the law. It is worth noting that although the facts that are necessary to prove a sexual battery are slightly different in civil and criminal court, they are basically the same and both require that the defendant touched his or her intimate partner in a sexual manner that was offensive to the partner.

Civil penalties do not include jail or prison sentences. Instead, civil law seeks to financially compensate a victim for any damage that was inflicted by the defendant’s actions. When an alleged victim sues his or her intimate partner for DV sexual battery, he or she may be entitled to three types of damages. General damages include payment for things that don’t have an exact dollar amount like pain and suffering. Special damages help cover any reasonable out of pocket expenses that the plaintiff may have incurred as a result of the sexual battery and may include, but are not limited to, the cost to repair or replace any damaged property, hospital bills and therapy. Punitive damages are imposed not to directly compensate the plaintiff but to punish the defendant for his or her willful or malicious conduct. In addition to these types of monetary damages, the plaintiff may also request a civil harassment protective order to prevent further abuse by his or her intimate partner.

Civil liability, although different from criminal liability, is by no means something to take lightly. Both consequences can be devastating, both financially and emotionally. In order to avoid any of these penalties, it is advisable that an individual who has been accused of sexual battery immediately hires a California domestic violence attorney who can help defend against the criminal accusation and that he or she hires an experienced civil defense attorney as soon as a civil suit is initiated. For legal advice about a sexual battery criminal charge, contact the GLBT supportive, domestic violence criminal defense lawyers at the Kavinoky Law Firm. With law offices in Los Angeles and throughout California, they can provide their outstanding representation to anyone in need. They are also available to provide client referrals to a variety of exceptional civil defense lawyers where appropriate. Contact them today for a free consultation and for unparalleled representation.