My assailant was not prosecuted; can I pursue civil restitution?

Yes. A criminal case seeks to determine guilt or innocence, and to hold an offender accountable to the state through punishment. A guilty verdict must be reached beyond a reasonable doubt. For many reasons, a criminal case may not be prosecuted or an offender not found guilty. Regardless of the result of prosecution, if you are the victim of a crime, you may seek civil damages. In a civil case, the court will determine whether the offender or a third party is liable for damages. A determination is made by a preponderance of the evidence, meaning that it is more likely than not that the offender committed the alleged act. This is a much lower standard than in a criminal case.

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