When a person is sexually assaulted or abused, the prosecutor or district attorney may pursue a criminal case against the perpetrator. However, this criminal case does not provide compensation for victims, and a prosecutor does not directly represent the victim. Instead, the prosecutor represents the state of North Carolina (although the prosecutor should work closely with the victim and his or her family.) In this video, sexual assault attorney Gene Riddle explains why people in these situations also need to be represented by a civil attorney and what his law firm can do to help.
A lot of victims of sexual assault ask questions such as, do I need a criminal case to accompany my civil case or do I need a criminal case in order to prove that I have a civil case? The answer is no, you do not need to have to have an actively pending criminal charge to pursue your civil case, however, in most cases that I’ve handled, where there was a claim for damages in the civil case, there was a criminal case that was started by the district attorney’s office or law enforcement. Because they see that a crime has been committed. When a crime is committed, the DA has a responsibility and that’s district attorney, has a responsibility to prosecute the offender and breaker of the law. My role, in a sexual assault case, is to pursue compensation in civil court, despite what happens in criminal court, even if there’s a conviction or the perpetrator of the sexual assault pleads guilty. I still pursue damages for compensation and civil court. Please give us a call or send us an email. We’re here, we’re ready to help. Justice counts.