Stalking/Harassment Victims Can Sue in Civil Court
Posted by:
mjr40
()
Date: January 03, 2005 01:17PM
[www.ncvc.org]
Stalking Victims Can Seek Justice in Civil Court
From the Newsletter of the Stalking Resource Center, Volume 4, Number 2, Fall 2004
Most victims know that protective orders and criminal prosecutions are the first line of defense against stalkers. Yet victims have an additional option for bringing stalkers to justice: they can file civil lawsuits against stalkers and third parties who contribute to the crime. Through civil lawsuits, victims may gain financial compensation and the means to hold stalkers liable for their crimes.
Civil suits differ significantly from criminal proceedings. While the criminal justice system seeks to determine an offender's guilt or innocence and often to imprison defendants for their offenses, civil courts determine whether an offender or third party is liable for the injuries sustained as the result of the crime. The standards of proof are different in civil and criminal court. To win a judgment in civil court requires only a "preponderance" of evidence, but in criminal court, the defendant must be judged guilty "beyond a reasonable doubt"-a much higher standard. Defendants found civilly liable may be ordered to pay monetary damages to victims. In addition to penalizing perpetrators and negligent third parties, civil judgments may also convince third-party defendants to avoid the kinds of negligence that caused them to be sued.
Victims can file civil suits whether or not criminal charges have been filed or a criminal verdict has been reached. Stalking victims may consider civil suits to help restore their lives, particularly if they feel the criminal justice system has failed to produce justice for them. For example, if stalking has caused a victim to lose her job, move to another state, and pursue extensive counseling and self-defense training just to feel safe enough to leave her home, she is not likely to feel satisfied even if the stalker is convicted in criminal court. A sentence of two weeks in jail and a fine of $200 for damage the stalker caused to the victim's old car will not seem sufficient to her. Yet if the civil court awards significant damages to the victim, she has resources to compensate her for some of the expenses the stalker has caused. The judgment also notifies the stalker that his or her actions will be costly.
Stalking Victims Can Seek Justice in Civil Court
From the Newsletter of the Stalking Resource Center, Volume 4, Number 2, Fall 2004
Most victims know that protective orders and criminal prosecutions are the first line of defense against stalkers. Yet victims have an additional option for bringing stalkers to justice: they can file civil lawsuits against stalkers and third parties who contribute to the crime. Through civil lawsuits, victims may gain financial compensation and the means to hold stalkers liable for their crimes.
Civil suits differ significantly from criminal proceedings. While the criminal justice system seeks to determine an offender's guilt or innocence and often to imprison defendants for their offenses, civil courts determine whether an offender or third party is liable for the injuries sustained as the result of the crime. The standards of proof are different in civil and criminal court. To win a judgment in civil court requires only a "preponderance" of evidence, but in criminal court, the defendant must be judged guilty "beyond a reasonable doubt"-a much higher standard. Defendants found civilly liable may be ordered to pay monetary damages to victims. In addition to penalizing perpetrators and negligent third parties, civil judgments may also convince third-party defendants to avoid the kinds of negligence that caused them to be sued.
Victims can file civil suits whether or not criminal charges have been filed or a criminal verdict has been reached. Stalking victims may consider civil suits to help restore their lives, particularly if they feel the criminal justice system has failed to produce justice for them. For example, if stalking has caused a victim to lose her job, move to another state, and pursue extensive counseling and self-defense training just to feel safe enough to leave her home, she is not likely to feel satisfied even if the stalker is convicted in criminal court. A sentence of two weeks in jail and a fine of $200 for damage the stalker caused to the victim's old car will not seem sufficient to her. Yet if the civil court awards significant damages to the victim, she has resources to compensate her for some of the expenses the stalker has caused. The judgment also notifies the stalker that his or her actions will be costly.
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