Sexual abuse can leave you wondering what comes next. You may hear about criminal charges and civil lawsuits, but they serve different goals. Learning how each process works can help you see what each one is meant to do and what you might expect.
How criminal prosecution works
A criminal prosecution determines whether the accused broke the law. In New Mexico, a prosecutor brings the criminal case on behalf of the government instead of the person who experienced the abuse. If prosecutors believe they have enough evidence, they may file charges and present the case in court.
The goal is to prove guilt beyond a reasonable doubt. If the court convicts the accused, it may impose penalties such as imprisonment, probation or fines. Your testimony and cooperation may play an important role, but the prosecutor decides whether to file charges, negotiate the case or proceed to trial.
How a civil lawsuit is different
Instead of pursuing criminal penalties, civil lawsuits seek financial compensation for the harm you experience. You typically file the lawsuit against the person who committed the abuse or an organization that may also be legally responsible.
The burden of proof is lower than it is in a criminal case. Instead of proving guilt beyond a reasonable doubt, you generally must show that your claim is more likely true than not. If you succeed, the court may award damages for medical expenses, therapy costs, lost income or pain and suffering.
Can both cases happen at the same time?
A criminal prosecution and a civil lawsuit are separate legal matters. Sometimes they happen at the same time. In other situations, one case begins after the other ends. One case does not automatically decide the outcome of the other because each follows different legal rules and standards.
For example, a criminal case could end without a conviction while a civil lawsuit continues. A criminal conviction may also support a civil claim, but it does not guarantee that you will win the lawsuit.
Why the deadlines are important
Missing the deadline to file a claim can prevent you from seeking compensation. In New Mexico, if you experienced adult sexual abuse, you generally must file a civil claim within three years from the date of the incident.
However, if you experienced childhood sexual abuse, the deadline is whichever is later: your 24th birthday or three years after you first disclose the abuse to a licensed medical or mental health care provider during treatment.
Because these deadlines depend on factors such as your age at the time of the abuse and the details of your situation, you may want to learn how the rules apply to your claim as early as possible. Acting promptly can help you preserve important evidence and protect your ability to pursue a claim if you decide to move forward.
What this means for you
Knowing how these legal processes work can make a confusing situation easier to understand. One process holds someone criminally accountable while the other seeks financial compensation for the harm you experienced. Knowing the purpose of each process may help you decide what questions to ask and what to expect.
Understanding the choices available to you
Criminal prosecution and civil lawsuits have different goals, but both can play an important role after sexual abuse. Knowing what each process is meant to accomplish can help you understand why two separate legal cases may arise from the same events. As you consider your circumstances, learning about these differences may help you understand the legal process in New Mexico.