People often assume that once there's been a criminal conviction or a person is found not guilty, they're no longer able to claim any compensation for childhood sexual or serious physical abuse, but it is not the end of the road.
There’s a different standard of proof between criminal charges and a civil claim, allowing recognition for harm suffered.
The Difference Between Civil and Criminal Cases
Understanding how the two systems work side by side explains why you can still make a claim after criminal charges.
Criminal law: prosecutions and penalties
- Brought by the State through police and prosecutors.
- Determines guilt and imposes penalties such as prison, fines or community orders.
- Standard of proof: beyond reasonable doubt.
Civil law: private disputes and compensation
- Brought by an individual against another person or institution.
- Determines whether you are entitled to financial compensation for harm done.
- Standard of proof: on the balance of probabilities.
Because civil claims use a different standard of proof, survivors may still succeed in holding someone accountable even if criminal proceedings resulted in a “not guilty” finding.
Can I Claim Compensation if the Perpetrator Was Convicted?
If the offender was convicted, this can provide strong evidence in support of your civil claim. In South Australia, you may be entitled to compensation for:
- Pain and suffering
- Medical and counselling expenses
- Loss of income or earning capacity
- Expenses reasonably incurred or likely to be incurred in the future
It’s important to note that the perpetrator must have assets or financial resources to make a civil claim viable. Your lawyer may also explore compensation options through related institutions that failed to protect you.
What if the Perpetrator Wasn’t Convicted?
Even if the offender was found not guilty, you may still have legal options. Because the civil standard of proof differs from that in criminal law, many victims succeed in civil trials after criminal acquittals.
You may be able to:
- Sue the perpetrator directly for damages, such as pain and suffering, medical costs or lost income.
- Bring a claim against an institution such as schools, churches, sporting organisations, medical providers or government facilities that failed to prevent the abuse or harm.
These civil pathways exist because the focus is on recognising the harm caused to the survivor and providing them with financial support.
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Civil Disputes May Overlap With Criminal Conduct
In South Australia, civil disputes can often involve allegations of criminal behaviour, such as:
- Childhood abuse
- Sexual assault
- Physical assault
- Injuries in car accidents caused by dangerous driving
- Breach of privacy
- Property damage
- Workplace accidents
Where the facts overlap, there can be significant legal risks including how statements in civil proceedings may impact a criminal matter.
Why Early Legal Advice is Essential
Navigating both civil and criminal proceedings at the same time can be complex as:
- Anything said in a civil matter may be used against you in a criminal matter.
- Some settlement terms may be unlawful if they attempt to interfere with criminal proceedings.
- Civil cases may uncover new allegations that lead to further criminal charges.
An experienced South Australian lawyer who understands both criminal and civil law can help you protect your rights and secure the compensation you deserve.
Support Services in South Australia
In addition to legal advice, support services are available to assist victims of crime:
- Victim Support Service SA – 1800 182 368
- 1800 RESPECT (1800 737 732) – National Sexual Assault & Domestic Violence Helpline
- Lifeline 13 11 14 – Crisis support
- Beyond Blue 1300 22 4636 – Mental health support
- South Australia Police – Specialised units for family and sexual violence
How To Move Forward With a Compensation Claim Following Criminal Proceedings
The end of a criminal trial is not the end of your right to justice. In South Australia, civil law provides an avenue to hold perpetrators and institutions accountable, even when there is no criminal conviction.
We understand that the outcome of a criminal trial does not define your right to justice. While a criminal conviction is very helpful in a civil claim, if the perpetrator is not convicted, our team can still guide you through the civil claims process to seek compensation from both the offender and any institution that failed to protect you.
We offer free claim checks, act on a no win, no fee basis in many cases, and have the expertise to gather evidence and build a strong case on your behalf.
