CALIFORNIA SEXUAL ABUSE ATTORNEYS
Can I Sue for Sexual Assault in California After an Acquittal?
Yes. A criminal acquittal does not bar a civil sexual assault lawsuit in California — the two cases use different standards of proof.
Yes. A ‘not guilty’ verdict in a criminal case does not prevent a civil sexual assault lawsuit in California. The two proceedings use different standards of proof — a criminal jury must find guilt beyond a reasonable doubt, while a civil claim only requires a preponderance of the evidence — so a defendant acquitted in criminal court can still be held civilly liable.
This page is legal information, not legal advice. Every case is confidential and evaluated individually.
Does a not-guilty verdict stop a civil case?
No. An acquittal means the prosecution did not prove guilt beyond a reasonable doubt — it is not a finding that the assault did not happen. A separate civil lawsuit, brought by you, is judged under the lower preponderance standard and is not blocked by the criminal outcome.
Double jeopardy applies only to criminal re-prosecution by the government; it has no effect on your civil claim.
| Criminal case | Civil lawsuit | |
|---|---|---|
| Who brings it | The government (District Attorney) | You (the survivor) |
| Burden of proof | Beyond a reasonable doubt | Preponderance of the evidence (>50%) |
| Goal | Punish the offender (jail/fine) | Compensate the survivor (money damages) |
| Conviction needed? | — | No — not required to win or file (§ 340.16(b)(2)) |
Why can the outcomes differ?
Because the standards differ. Under Evidence Code § 115, a civil plaintiff must show it is more likely than not that the assault occurred. A criminal jury needs near-certainty. The same facts can therefore lose criminally and win civilly.
What can I recover, and by when?
Civil damages can include medical and therapy costs, lost income, and pain and suffering, plus punitive damages in appropriate cases (Civil Code § 3294). Adult survivors generally have the later of 10 years from the assault or 3 years from discovery to file (CCP § 340.16).
Talk to a California Sexual Abuse Attorney
Compass Law Group represents survivors across California on a confidential, no-fee-unless-we-win basis. Learn more on our sexual abuse lawyer page.
Frequently Asked Questions
Can a person found ‘not guilty’ still be sued?
Yes. A civil sexual assault claim uses a lower burden of proof and is not barred by a criminal acquittal.
Isn’t that double jeopardy?
No. Double jeopardy only bars a second criminal prosecution by the government; it does not apply to a private civil lawsuit.
What do I have to prove in the civil case?
That it is more likely than not (a preponderance of the evidence) that the assault occurred (Evidence Code § 115).
How long do I have to file after an acquittal?
The civil deadline runs on its own schedule — for adults, the later of 10 years from the assault or 3 years from discovery (§ 340.16).
Joseph Shirazi — Managing Partner · California State Bar #265403
Joseph Shirazi is the Managing Partner of Compass Law Group, LLP, representing injury and abuse survivors throughout California. He leads the firm’s litigation practice and has recovered substantial results for clients in serious injury and sexual abuse cases.
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Legally reviewed by Simon Esfandi, Partner & Co-Founder (CA Bar #275307).
Disclaimer: This page provides general legal information about California law and is not legal advice. Reading it does not create an attorney-client relationship. Past results do not guarantee future outcomes.
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