Frequently Asked Questions: CrimeVictimLaw.com

What’s the difference between a criminal prosecution and a civil lawsuit?
In a criminal prosecution, the goal is to punish the offender for the violation of society’s laws which specifically impacted the victim of the crime. In a civil lawsuit, the goal is to remedy the wrong done to the victim, usually through financial compensation. For more information, click on What is a Civil Lawsuit? and What is a Criminal Prosecution?

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Who decides whether I can pursue a criminal or civil case?
The police and prosecutor decide whether to pursue a criminal prosecution, often based on your input and willingness and ability to participate in the process. Generally, there will be a criminal prosecution if the crime has been reported, the offender is arrested, and there is sufficient evidence to convict the offender. In contrast, it is the victim’s decision whether to pursue a civil case in consultation with a civil attorney. For more information, click on What is a Civil Lawsuit? and What is a Criminal Prosecution?

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Can I pursue both a criminal prosecution and a civil lawsuit?
Yes. Victims can and should consider pursuing both options, because each has different but equally important goals. Civil lawsuits attempt to compensate the victim for the harm done. Criminal prosecutions attempt to punish the offender for violating society’s laws and protect other potential victims. Generally, the criminal prosecution will proceed first, followed by the civil lawsuit, unless a filing deadline must be met. For more information, click on What is a Civil Lawsuit?, What is a Criminal Prosecution?, and The Relationship Between Civil Lawsuits and Criminal Prosecutions.

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If I want to pursue a criminal prosecution and a civil lawsuit, which should be pursued first?
Generally, it is important for the criminal prosecution to proceed first, because a conviction in the criminal prosecution can help establish liability in the civil lawsuit. If the time to file a civil lawsuit will run out before the end of the prosecution, the civil lawsuit may be filed while the prosecution is still pending. To ensure that filing deadlines are met, victims considering filing a civil lawsuit should consult an attorney as soon as possible after the crime. For more information, click on The Relationship Between Civil Lawsuits and Criminal Prosecutions.

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If I didn’t report the crime to police, can I still pursue a criminal prosecution and/or a civil lawsuit?
A criminal prosecution and/or a civil lawsuit may be pursued as long as there is sufficient evidence to prove the cases. Reporting the crime is not a requirement, although an unexplained failure or delay in reporting the crime can make proving the case more difficult. To obtain Crime Victim Compensation, the crime must have been reported within five days unless there was good cause for the delay, including the common delay in reporting by victims of sexual assault and child abuse. To learn more, click on Criminal Prosecutions and Civil Lawsuits and Compensation.

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About Criminal Prosecutions:

Should I report the crime to the police?
Some victims, particularly victims of sexual assault, hesitate to report the crime for some very common and legitimate reasons. Even if a victim does not want to prosecute the offender now, reporting the crime to police will initiate an investigation that will preserve evidence should the victim wish to prosecute at a later point. Reporting the crime will also enhance the victim’s credibility in any later criminal prosecution or civil lawsuit related to the crime. Nearly every prosecutor will honor a victim’s desire not to prosecute a sexual assault case. Reporting the crime is also a requirement for victims to obtain Victim Compensation, which can reimburse victims for out-of-pocketmedical and mental health expenses, and lost wages.

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How do I file criminal charges?
Most criminal charges are filed by police. Usually this happens after a victim has reported the crime by calling 911, or by going to the police station and speaking with a police officer or detective. For more information, click on Initiating a Criminal Prosecution.

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What type of punishment can my attacker get if he is prosecuted criminally?
The statute for a particular crime describes the minimum and maximum punishment. Most crimes allow the judge to place the offender on probation instead of sentencing him to incarceration. After listening to the recommendations of the prosecutor, the defense attorney, and the victim, the judge decides the specific sentence. The judge’s decision is based on the nature and circumstances of the crime, the impact on the victim, and the offender’s criminal history. For more information about sentencing, click on Sentence and Punishment. To find the statute for a specific crime, click on Selected Statutes—Crimes and Offenses.

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What is a plea bargain?
A plea bargain is an agreement between a criminal defendant and the prosecutor to resolve a criminal case without having to go to trial. Usually, the defendant gets consideration by a prosecutor and judge for a more lenient sentence in exchange for pleading guilty and saving the victim from having to testify at trial. Click on Dispositions for more information.

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How long will it take to resolve my case?
The length of time it takes to resolve legal cases varies, but victims should expect it to take several months to several years to resolve a civil lawsuit from the time of filing. Criminal prosecutions usually take between three to eighteen months, depending upon the seriousness and unique factors in an individual case.

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Will I have to testify?
Crime victims should expect to testify in both a criminal prosecution and a civil lawsuit. Click for more information, Civil Lawsuits/Role of the Victim and Criminal Prosecutions/Role of the Victim. At the same time, very few criminal prosecutions or civil lawsuits actually result in a trial, in which case the victim would not have to testify in a public courtroom. The vast majority of civil and criminal cases are resolved without a trial.

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About Civil Lawsuits and Compensation

How do I file a civil lawsuit?
Most civil lawsuits are filed by attorneys on behalf of victims. Many victims find attorneys through friends or relatives, advertisements, or referrals from local bar associations. For more information about filing a civil lawsuit, click on Initiating a Civil Lawsuit. For a, preliminary case evaluation, click on Case Consultation.

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What types of compensation can a victim or her family get from a civil lawsuit?
In a civil lawsuit, victims may recover for their out-of-pocket losses, actual and potential lost earnings, medical bills, and emotional distress/pain and suffering. A victim’s spouse or child may recover for the loss of the victim’s companionship and services. The amounts can range from several thousand dollars to multiple millions depending on the circumstances. For more information about civil recovery for crime victims, click on Civil Lawsuits and Compensation or for some examples, click on News and Cases.

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Can I still pursue a civil lawsuit if the criminal is never caught or prosecuted?
Even if the attacker is never caught or prosecuted, a victim may recover money damages in a civil suit against Third Parties whose acts or negligence contributed to the commission of the crime. For more information . If the crime has been reported, a victim may also recover certain out-of-pocket expenses from the state Victim Compensation Fund, if eligible.

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Who decides how much my case is worth?
In civil lawsuits that are settled before trial, the monetary award is negotiated by the parties and both sides must agree to the amount. If a case goes to trial, the jury decides how much the monetary award will be. To learn more, click on Civil Lawsuits and Compensation or for some examples, click on News and Cases.

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How long will it take to resolve my case?
The length of time it takes to resolve legal cases varies, but victims should expect it to take several months to several years to resolve a civil lawsuit from the time of filing. Criminal prosecutions usually take between three to eighteen months, depending upon the seriousness and unique factors in an individual case.

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Will I have to testify?
Crime victims should expect to testify in both a criminal prosecution and a civil lawsuit. For more information see The Role of the Victim in a Civil Lawsuit and The role of the Victim in a Criminal Prosecutions. At the same time the vast majority of civil and criminal cases are resolved without a trial. This means that the victim does not have to testify, except perhaps at a Grand Jury or a Deposition.

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About Filing Deadlines:

Is it too late to prosecute or sue my attacker?
Filing deadlines are different for criminal and civil cases, with the filing deadlines in civil cases usually being much shorter. For more information, click on Criminal Prosecutions/Filing Deadlines and Civil Lawsuits/Filing Deadlines.

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How long do I have to file a civil lawsuit?
Generally, civil lawsuits for personal injuries must be filed within three (3) years of the date of occurrence, but there are some exceptions. To learn more, click on Civil Lawsuits/Filing Deadlines. Employment discrimination cases must be filed within 300 days.

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How long do I have to file criminal charges?
Most criminal prosecutions must be filed within six years of the offense. Certain offenses, such as rape and murder, have longer deadlines. To learn more about specific deadlines and exceptions to the deadlines, click on Criminal Prosecutions/Filing Deadlines.

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About Legal Services for Victims:

Does a crime victim need a lawyer?
A victim of crime may have legal claims against the offender and others as a result of the crime. Even if a criminal prosecution is ongoing, victims should consult a civil attorney as soon as possible after the crime to determine their rights, preserve evidence for any potential civil lawsuit and ensure that filing deadlines for a civil lawsuit are met. For more information, click on Initiating a Civil Lawsuit. For a preliminary case evaluation, click on Case Consultation.

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Who pays for the lawyer in a criminal prosecution and a civil lawsuit?
In a criminal case, the government pays for all the costs of the prosecution. In a civil case, the victim pays a fee to her attorney. Since many victims cannot afford the cost of an attorney for a civil case, the attorney’s fee is usually a percentage of any financial award the victim receives at the conclusion of the case. If an attorney agrees to represent the victim under these conditions, the attorney understands that if the victim does not receive a financial award, the attorney will not receive a fee. For more information, click on What is a Criminal Prosecution? and What is a Civil Lawsuit?.

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About Other Services for Victims:

How can a victim or victim’s family get help for the psychological and emotional trauma caused by the crime?
Massachusetts has a wealth of professional therapists experienced in helping victims cope with the trauma of crime. Click on Resources for information about victim services and therapy referrals. If not covered through other means, the cost of therapy for a victim, or the survivors of a homicide victim, can be paid for through the state Victim Compensation fund. In addition, a number of therapy or counseling services are supported by federal Victim of Crime Act (VOCA) funds and are available to all victims free of charge, regardless of ability to pay. For a list of these resources, see www.mass.gov/mova.

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Can I get a restraining order against my attacker?
Victims who have family, dating, or co-habiting relationships with their abusers can often get Restraining Orders forbidding the attackers to come near them or to contact them.
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About Victim Privacy:

Will my name be in the newspapers or on television?
Massachusetts law prohibits the publication of the names of sexual assault victims. The names of victims of other types of crime may be published. For more information about confidentiality of victim information, see Victim Rights.
Will any private/personal information be revealed in a criminal or civil case?
In criminal prosecutions, a victim’s mental health history cannot be disclosed without a court order. A victim’s sexual history also cannot be disclosed without a court order. In contrast, a victim’s mental health and sexual history are often critical to proving a victim’s damages in a civil lawsuit. They may be safeguarded with confidentiality orders. An attorney will discuss these issues with you if you seek consultation about a possible civil lawsuit. To learn more about confidentiality of victim information, click on Victim’s Rights—Confidentiality and Victim’s Rights—Rape Shield Law.

The information in this website does not constitute legal advice. Merely viewing the site is not intended to establish an attorney-client relationship. You should consult an attorney to fully understand your rights. For a preliminary case evaluation at no cost, please click here.