[KB152]

I was wondering if anyone could tell me whether a solid lawsuit can be built against someone who has already been convicted for abuse. That is, is it worthwhile/possible for the victim to file for damages, etc, after the accused has already admitted guilt and been sentenced.

[s_cianci]

Civil law and criminal law are two separate things and one has no bearing on the other. From the tone of your post I'm presuming that the person in question was criminally convicted of something related to abuse (I don't believe there's any category of crime called "abuse", per se.) If the victim can substantiate damages that have been suffered as a result of this person's abuse, then there's grounds for a civil case. Understand that the mere fact that (s)he was convicted in criminal court will not, in and of itself, prove him/her civilly liable. As with any other civil case, you document the damages suffered and present the evidence against the perpretrator. Then, if a preponderance of the evidence suggests that the accused person is liable, then (s)he is ordered to pay damages to the victim.

[excon]

Hello KB:

It would depend on the nature of abuse and the damages suffered. I agree with cianci. There's no crime called abuse. There's assault, rape, sexual abuse, attempted murder, etc.

However, if there's damages, then the criminal conviction guarantees a verdict on your behalf in a civil suit. The question then becomes one of damages.

excon