What's the difference between a civil and a criminal case for abuse claims?

Pursuing a civil claim or criminal case for abuse

Reporting abuse, whether it has happened recently or many years ago, is never an easy thing to do. Many people assume the only thing they can do is to report the abuse to the police, which can be a very daunting prospect, particularly if it is the first time you’ve ever spoken about it.

While this can be an important step that can lead to a conviction and time in prison for the abuser, it is not always enough to help survivors rebuild their lives.

In the UK, those who have suffered abuse have the right to make a civil claim for abuse as well as pursuing a criminal conviction. A civil claim enables survivors to claim financial compensation that can help support their recovery by pursuing a case against their abuser or an organisation or institution that was responsible for the abuser’s actions.

Making a criminal case for abuse

Reporting abuse to the police can be a very daunting experience, and it can be reassuring to know what to expect before you start the process. The process of pursuing a criminal case for abuse is:

• Report to the police: you can do this by phone or by speaking to someone in person at the station.
• Make a statement: the police will ask you to make a statement detailing what has happened. This can be a very difficult and emotional process, but it is important to know that the police have been trained to handle these cases with care and sensitivity, and you can bring someone with you for support if you wish.
• Gathering evidence: once you have given your statement, the police will gather evidence to support your case. This could include witness statements, medical records and text messages or other electronic communications.
• The case is handed to the Crown Prosecution Service (CPS): the CPS will review the details of your case and the evidence provided by the police to determine whether they believe they can secure a criminal conviction.
• The accused is charged and appears in court: the defendant will either plead guilty or not guilty. If they plead not guilty, it will be down to the CPS to prove to a judge and jury that the accused has committed the offence.
• The verdict is returned: if the jury finds the defendant guilty, a sentence will be handed down by the judge.

For many victims of abuse, the process of a criminal case can seem overwhelming, particularly if it is the first time you have spoken about it. The police and CPS will follow a set procedure to ensure the case is as solid as possible, and sometimes the CPS will be unable to pursue a case due to a lack of evidence. The burden of proof is high in a criminal case; the CPS must be able to prove that the offence took place and was committed by the defendant beyond reasonable doubt.

Where the CPS decides to pursue a case, or a conviction is not secured in court, it does not mean that a crime did not occur, and it could still be possible to pursue a civil claim.

Making a civil claim for abuse

A civil claim works very differently. There is no jury, no conviction, and the burden of proof is lower; for a civil claim to be successful, it must only be proved that the offence happened on the balance of probability.

The process of making a civil claim for abuse is:

• Speak to a specialist abuse solicitor: At Slater and Gordon, we’ve been supporting victims and survivors of abuse for many years, and our solicitors are here to support you with empathy and in completely confidentiality.
• Gathering evidence: Your solicitor will obtain all the relevant records in your case, including a detailed statement from you where appropriate. We will also instruct a medical expert to review your records and prepare evidence for the court.
• Submitting your case to the responsible party: We’ll handle submitting your claim. This will then be passed to their insurers, who will assess the claim and determine whether they will admit liability (i.e. fault).
• Negotiating a claim settlement: Our experts are renowned for securing optimal settlements in these cases, making court trials extremely rare. Once a settlement has been agreed, the party’s insurer will make the compensation payment.

It isn’t necessary to have started a criminal case to bring a civil claim, but it is encouraged to report the abuse to the police. As well as being an important step to getting justice, a report to the police can also be helpful as evidence in a civil claim.

In the majority of cases, a civil claim will be settled before it reaches court. However, if a settlement can’t be agreed, it can sometimes be necessary for the claim to heard at court before a judge. If your claim does reach trial, we will apply for anonymity to protect your identity throughout the civil proceedings.

Should I make a civil claim for abuse?

The decision to pursue a civil claim is a very personal and important choice. It can feel overwhelming to take the first step, whether it is the first time you’ve spoken about your case or if you are already pursuing a criminal case with the police.

Crucially, it is still possible to pursue a civil claim even if a criminal case was unsuccessful. A civil claim has a lower burden of proof than a criminal case, which means that even if the abuser is not convicted in a criminal court, they could still be found liable in a civil claim.

Compensation may not be the first thing on your mind, but the impact of abuse on victims and survivors is often immense and financial support can make all the difference for your recovery and moving forward.

Our specialist abuse claims solicitors are here to help

Our abuse team are experts in this field of law with many years’ experience, during which time they have represented victims and survivors of abuse in some of the most high-profile cases in UK history. Deciding whether to pursue a claim is a very important decision and advice from specialist abuse lawyers is essential.

At Slater and Gordon, our lawyers are highly experienced in dealing with abuse cases and are on hand to support you throughout the process. They understand that talking about the abuse you’ve suffered is often a complicated and emotional undertaking, which is why they’ll take you through it step by step in a friendly manner, ensuring you have access to the right support and providing you with the best guidance possible for your individual circumstances.

What’s more, most cases are pursued under a No Win No Fee agreement, which means you’ll never have to worry about the cost of bringing a claim as there is no financial risk to you.

For more information, or for a confidential conversation with a member of our team, call us today on 0330 041 5869 or contact us online.