In a sexual assault claim, the victim must demonstrate that the defendant owed them a duty of care, breached that duty, and caused harm. Civil lawsuits for sexual assault often follow or occur simultaneously with criminal cases against the perpetrator. While a criminal conviction can bolster the case by establishing the defendant's malicious actions, it doesn't automatically ensure compensation for the victim. The plaintiff still needs to prove all elements of a personal injury claim.

Not all courts permit assault victims to use a guilty verdict from a criminal case as evidence in a civil case (known as "collateral estoppel"). However, in most instances, a conviction can be used as evidence against the defendant. Even without a criminal case or a conviction, a plaintiff may still have grounds for a civil claim.

The burden of proof in a civil lawsuit is lower than in a criminal trial. Rather than proving guilt "beyond a reasonable doubt," the plaintiff must show that it is "more likely than not" that the defendant committed the assault. Seeking assistance from a Las Vegas sexual assault lawyer can alleviate this burden of proof and strengthen your civil claim.