Crime victims can pursue justice through two separate legal systems: criminal law and civil law. Each has its unique advantages and disadvantages.

Criminal Law. The primary purpose of the criminal law system is to punish a perpetrator, not to directly benefit the victim of a crime. A criminal law case typically has two parties: the State as plaintiff and the perpetrator as defendant. Often, the victim is just a witness. The district attorney or prosecutor decides whether to pursue the case against the perpetrator. If the State prevails, the perpetrator is typically punished through jail time, community service, probation, and/or the payment of fines. For the State to win, it must prove that the perpetrator is guilty “beyond reasonable doubt,” which is often understood to mean by a 99% certainty, or that there is virtually no doubt the perpetrator committed the crime. Because it is so difficult to prove someone is guilty “beyond a reasonable doubt,” district attorneys and prosecutors often do not pursue a criminal case unless there is clear and compelling evidence of guilt. A victim has no ability to force a criminal trial of the perpetrator if the district attorney and/or prosecutor is unwilling to pursue it.

Civil Law. The primary purpose of the civil law system is to benefit the victim, typically by requiring the perpetrator to pay money to the victim. Naturally, perpetrators often feel punished by such judgments. A civil law case typically has two parties: the victim as plaintiff and the perpetrator as defendant. The victim decides whether to pursue the case and when to settle. To prevail in a civil law case, the victim typically needs to prove the perpetrator is liable by a “preponderance of the evidence,” which is often understood to mean a 51% likelihood, or that it is slightly more believable the perpetrator committed the wrongful act. Because the civil “preponderance of the evidence” standard is so much easier to establish than the “beyond a reasonable doubt” standard, it is often an appealing forum through which crime victims can hold perpetrators liable for their acts.