
Yes. You can recover compensation through a civil claim even when there is no criminal conviction, an acquittal, or no charges filed. A civil case stands on its own and relies on a lower standard of proof than a criminal prosecution, which is why the two often reach different results.
Criminal and civil cases answer different questions. A prosecutor works to punish a crime on behalf of the state, while your civil claim pursues money for the harm done to you personally. Because survivors of sexual abuse control their own civil case, a prosecutor’s choice not to file criminal charges does not close that door. A sexual assault attorney can help you determine your path to financial compensation.
The difference in the burden of proof explains why a person can avoid criminal conviction yet still be held financially liable in civil court. Criminal cases require proof beyond a reasonable doubt, while civil claims in both Missouri and Kansas generally require only a preponderance of the evidence. Because that standard is lower, survivors may still have legal options in circumstances such as:
Each scenario preserves your civil rights. Proof that fell short in criminal court can still satisfy a civil jury if it clearly points to what happened. A lawyer evaluates the available evidence under that lower burden and builds a civil claim designed to establish accountability even when a criminal case does not result in a conviction.
No, you usually do not. A civil claim can move forward while a criminal matter is open, paused, or closed, and its deadline runs separately from any prosecution. Waiting for a verdict that may never arrive can let your own window slip away.
A civil case focuses on putting a monetary value on your losses, something a criminal sentence rarely addresses for the survivor. Damages in these cases can cover several kinds of harm:
When abuse or assault leads to death, the family still has recourse. Under Missouri Revised Statutes § 537.080, the spouse, children, or parents of the deceased may sue for damages. A wrongful death claim then proceeds on its own track, whether or not anyone faces a criminal charge.
Civil deadlines keep running no matter what happens in any criminal case, and waiting can quietly cost you the chance to recover at all. With over 18 years of experience and a proven track record of recovering more than $150,000,000 for injured clients, Wendt Law Firm offers free consultations to survivors and families across Kansas City. Call (816) 531-4415 or reach out online today to learn what your claim is worth.
