More Rape and Sexual Assault Survivors Seek Civil Remedies

Some survivors of sexual assault and rape are finding that the criminal justice system fails, which it does… alot, civil suits are easier to pursue. 

According to RH Reality Check, anecdotal evidence suggests that more people are seeking monetary damages after sexual assault and rape within an increasingly unreliable justice system.

“Every year, thousands of cases involving allegations of sexual assault are abandoned in the United States due to a range of reasons. These include lackluster police investigations, lack of forensic evidence, a victim’s unwillingness to testify, and, according to a recent White House report, because ‘law enforcement officers and prosecutors are not fully trained on the nature of these crimes or how best to investigate and prosecute them.’

Indeed, rape is notoriously difficult to prosecute and harder to prove. Even after decades of criminal justice reform and dedicated efforts from survivors and advocates, prosecutors are generally reluctant to go after alleged persecutors aggressively, often fearing they won’t win a conviction. Trials can also be traumatic for victims, who frequently face juries biased by cultural assumptions about rape.“

Confirming what many of us already knew, the nature of rape culture in our society means that sexual assault is a crime that is only taken seriously in the face of overwhelming evidence that often includes putting survivors “on trial” as well. It make sense that some survivors are seeking alternative forms of justice for crimes committed against them.

“RH Reality Check’s review of dozens of federal civil lawsuits involving sexual assault filed since 2012—available in public court databases and the National Crime Victim Bar Association’s civil case database—indicate that outside of a handful of deep-pocketed athletes and celebrities, most sexual assault survivors are seeking damages from third parties. The trend appears to be especially apparent with complainants at schools and in institutions, particularly correctional facilities, where prisoners are vulnerable to sexual assaults at the hands of prison guards and fellow inmates, and often have little recourse outside of civil redress.“

While it might be hard to prosecute rape and sexual assault, it is not so difficult to illuminate the ways in which institutions have not been proactive in preventing this crime. Furthermore, civil court does not require the same burden of proof for a favorable decision as a criminal, jury trial. It seems that survivors have decided that where cops and criminal court fail, coin will do.

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