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Clergy Abuse CA - Clergy Abuse Lawyer California


Were you sexually abused as a child by a priest, deacon or any other member of the Church?  You are not aloneWe are here to help abuse survivors.  Stand up against your abuser and help prevent this from happening to someone else.  Contact Vanderhyde Law today for a free case review.  Please fill out our confidential online contact form or call Toll Free 1-866-777-2557 and a CA Clergy Abuse Lawyer will get back to you within 24 hours to answer any of your questions.   This is a free consultation.  Making the call is sometimes the hardest step, but it is often a necessary step on the road to healing.  Clergy Abuse CA

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Clergy Abuse CA


Difference Between Civil and Criminal Sexual Abuse Lawsuits


Every time a child has become the victim of sexual abuse, there's two tactics to pursue action against the perpetrator with the justice system-criminal and civil litigations. Adult survivors of childhood sexual abuse might be allowed to follow one or both of these lawsuits, depending upon the laws within their state. Every state has a set of laws deciding the statute of limitations for child sexual abuse. For instance, victims some states have as little as one year to bring a case, while victims in other states can file a suit indefinitely.


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You will find substantial variations between criminal and civil lawsuits when regarding sex abuse, such as the role of the victim, the consequence of the case, and the burden of evidence.


Criminal Cases for Child Sexual Abuse


In any criminal case for child sex abuse, criminal charges are filed after the abuse is revealed and the wrongdoer is arrested. When charges have been filed, it's regarded as an offence against the state, and the case is tried to ascertain the guilt or innocence of the person that has been criminally charged.


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Throughout criminal cases for child sex abuse:


• The victim is usually a witness in the case and will not direct the prosecution.
• The defendant is considered innocent until proven guilty by a jury of his peers.
• Guilt has to be proven beyond a reasonable doubt by the prosecuting attorney
• An offender cannot be criminally prosecuted for the abuse a second time if found innocent (called double jeopardy)
• The punishment for a guilty verdict normally includes jail or probation, nonetheless the victim cannot acquire any money from the case except when restitution is ordered.


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Civil Lawsuits for Child Sex Abuse


Based upon the particulars of the individual event, civil claims could be filed as the only choice of the victim or maybe in addition to the criminal prosecution. The key objective of a civil legal action would be to hold the perpetrator directly responsible to the victim for the abuse that has been committed. In this type of court action, there will not be prison or even probation, and a financial judgment is the principle endgame.


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Through a civil law suit for child sexual abuse:


• The victim is the individual who starts and controls the case-not the government.
• The victim is regarded as a party in the case instead of a witness.
• The burden of proof is 51% (more likely than not) rather than beyond a reasonable doubt.
• A civil suit might filed even when the offender was found innocent in criminal court.
• Both the plaintiff and offender appear as equals in the courtroom.
• If found liable, the defendant can be forced to cover a financial settlement to the victim, including money to pay for medical expenses, pain and suffering, destruction of familial relationships, and lost pay as a consequence of abuse.


Both civil and criminal lawsuits play a role in shielding victims of childhood sex abuse. Having said that, only a criminal case can bring about time in jail, addition to the sex offender registry, plus a felony record. For those survivors who are unable to seek criminal prosecution regarding the abuse carried out against them, civil lawsuits are available to help bring some sense of justice.


Clergy Abuse CA