When you have been sexually abused, it’s hard to make the next decision of whether to go to the police and press charges, to file a lawsuit, or even pursue both. For 45 years, Abeyta Nelson has helped survivors across Central Washington work through exactly this decision. Your consultation is free, and you pay nothing unless we win your case.

Here’s what separates these two paths, and how to think about which one fits your situation.

Two Systems, Built for Different Purposes

Washington law gives sexual assault survivors two separate routes after sexual abuse in which they can pursue one, or both, depending on the unique situation and desired (not guaranteed) outcome.

They work in these different ways below. 

Filing criminal charges against the abuser

These are filed by the government, not by you. A prosecutor decides whether to bring charges, whether to accept a plea deal, and how the case moves forward. The goal here is ensuring measurable and recorded punishment for the assailant’s actions like jail time, probation, fines paid to the state, or sex offender registration.

Filing a civil lawsuit against the abuser 

These are filed by you against the person or institution responsible for what happened. You decide whether to file, whether to settle, and whether to take it to trial. The goal is compensation, paid directly to you, for the harm the abuser caused.

These cases can run side by side, one after the other, or completely independent of each other. You don’t need a criminal conviction or even a police report to bring a civil claim.

Civil Court Doesn’t Require the Same Level of Proof

A criminal case has to be proven beyond a reasonable doubt, which is close to certainty. That’s a demanding standard, and it’s a big part of why so many abuse cases never lead to charges, let alone a conviction.

Civil cases work differently. They only require a preponderance of the evidence, meaning it’s more likely than not, roughly 51%, that the abuse happened and caused your injuries. That lower bar is why a civil claim can still move forward even when criminal charges were never filed, were dropped, or ended in an acquittal.

What You Can Actually Recover in a Civil Case

Criminal penalties go to the state and therefore it doesn’t put a dollar in your pocket. A civil lawsuit is how you get compensated directly for your suffering, that can cover:

  • Past and future therapy and mental health treatment
  • Medical bills tied to the abuse
  • Lost wages or lost earning capacity
  • Pain, suffering, and emotional distress
  • Punitive damages in some cases, meant to punish the wrongdoer

You’re not limited to suing the person who abused you. Schools, churches, foster care systems, youth organizations, healthcare facilities, and treatment programs can all be held liable in Washington if they knew about a risk and failed to act, or ignored warning signs about the abuser.

Washington Gives You More Time Than You Might Expect

Washington has extended the timeline for survivors to come forward, and how much time you have depends on when the abuse happened and how old you were.

  • Abuse of a minor on or after June 6, 2024: There is no statute of limitations. You can file at any point in your life.
  • Abuse before that date: You generally have three years to file, but that clock doesn’t start on the day of the abuse. It starts when you discovered, or reasonably should have discovered, that your injuries were caused by that abuse.

That discovery rule exists because many survivors don’t connect years of anxiety, depression, or other struggles back to childhood abuse until decades later, often not until their 50s or beyond. Washington law accounts for that, so if you’re only now recognizing how the abuse shaped your life, you may still have a valid claim, even if the abuse happened long ago.

The Abuser Doesn’t Have to Be Alive for You to Sue

This comes up more than people expect, and the answer is usually yes, you can still pursue a civil claim. A case can typically move forward against an estate, and just as importantly, against the institution that allowed the abuse to happen, even after the abuser has died. 

Criminal court has no remedy once someone is deceased, since there’s no one left to prosecute. Civil court is often the only path left to hold an institution accountable and secure compensation for what you went through.

Deciding What’s Right for You

If seeing the abuser face jail time is your priority, that decision belongs to a prosecutor, and it starts with a police report.

If your priority is compensation, holding an institution accountable, or simply keeping control over your own case, a civil lawsuit puts those decisions in your hands.

Many survivors choose both, getting the help of sexual abuse attorneys to do so. A criminal case and a civil case can move forward at the same time without one interfering with the other.

Need a Sexual Assault Attorney in Yakima?

Our attorneys at Abeyta Nelson have spent decades helping survivors across Yakima, Ellensburg, and Sunnyside understand their options and hold abusers and the institutions behind them accountable.

Call Abeyta Nelson at 509-575-1588 or send us a message for a free, confidential consultation. There’s no obligation, and you pay nothing unless we win.