Civil Rights & Constitutional Law
Federal suit: Port Clinton Fire Chief Kent Johnson sexually assaulted and harassed firefighter/EMT
September 29, 2023
Criminal cases, which are brought in the name of state and not individual victims, aim to punish the offender and protect the public. Punishment can happen in the forms of incarceration, probation, or criminal fines (that go to the state, not the victims).
By contrast, civil cases aim to financially compensate victims for the harm and hold wrongdoers financially accountable. They also aim to punish and deter certain types of malicious conduct with financial penalties called punitive damages. In civil cases, also, victims may be able to obtain what is called “injunctive relief.” That just means an order to stop doing something, at risk of the penalty of contempt of court (which can include imprisonment or fines).
After a perpetrator’s criminal conviction, the judge may order restitution—usually for victims’ provable out-of-pocket costs (medical bills, counseling, lost wages, and sometimes, attorney fees). There, victims can’t get broader money damages for all the harm—including even severe, debilitating emotional distress or future psychiatric or psychological-therapy care.
That often leaves victims without being made fully whole.
In civil cases, victims may seek damages for emotional distress, pain and suffering, reputational harm, and more—relief the criminal system just doesn’t offer or provide.
Victims can also better control their cases in civil court and determine how much is enough for a settlement; in criminal court, the prosecutor controls what they are seeking and a jury, judge, or both decide it. Victims have almost no control over the plea-bargaining process, other than (in some states) being heard.
The prosecutor doesn’t have to follow a victim’s wishes—even reasonable ones.
Restitution is a court order that the offender repay victims’ direct financial losses caused by the crime, like medical expenses, therapy bills, lost wages, and damaged property.
But there are important limits:
Some states also have victim-compensation funds for limited costs. Those are helpful—but they are no substitute for full civil damages.
Civil law lets victims pursue the full measure of their losses and, where authorized, additional remedies:
Consider two examples:
The bottom line is that criminal cases can provide helpful affirmation of victims’ lived experiences and provide protection and limited financial repair; but civil cases are useful to seek complete compensation and better control the path forward.
No.
The standards are different. Victims can win civil cases even when there’s no arrest, no charges, or even an acquittal, because civil claims require a lower burden of proof.
A criminal conviction, if it exists, can help—but it’s generally not required for civil recovery.
Often, yes. They are separate tracks. But coordination matters:
Options vary by state and court:
Timelines vary. Criminal cases proceed on the state’s schedule. Civil cases depend on the court’s docket and the complexity of your claims.
As for fees, many civil-rights and injury cases are handled on a contingency fee—you pay no attorney fees unless there’s a recovery. In some statutes, a fee-shifting provision can make the defendant pay your reasonable fees if you win.
For crime-victims’ advocacy, we may do the work on a flat fee, hourly fee, or bundled in to our advocacy work on a contingency-fee criminal case. It all depends on how much work will be required.
Chandra Law represents survivors of sexual harassment, sexual assault, and other serious misconduct in civil cases—and we advocate and coordinate for crime victims when there is or should be a criminal investigation and case.
We focus on protecting your dignity, maximizing your recovery, and holding wrongdoers accountable.
Please contact us with details through our secure contact form to discuss your options confidentially. It is best to open with one or two sentences describing the nature of your claim and when the events happened (so we can spot the statute of limitations), and then lay out the chronology and evidence supporting your claim. Those that don’t do this risk delaying a response. The more information you can provide while still leading with the bottom line up top, the more effective your pitch will be.
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