Civil Suit vs Criminal Charges for Sexual Abuse: What’s the Difference?

Filing a claim for your abuse in the Church of Jesus Christ of Latter-day Saints is an incredibly brave step. We understand that decision was not made lightly, and we want to make sure you have the resources to make informed decisions throughout this process.

After deciding to file a sexual abuse claim you will need to decide whether to file civil or criminal charges. Essentially, the difference between the two types of lawsuits can be broken down to the following characteristics:

Civil Lawsuits – Cases that protect, Implement, or fix private rights. In civil lawsuits, you or the person you choose to represent you initiates legal action against your abuser or those liable for your abuse.
Criminal Lawsuits – Formal chargers claiming someone has committed a crime. Criminal chargers are initiated by a government prosecutor.

Additionally, civil lawsuits and criminal lawsuits bear different weights when it comes to the “burden of proof.” The “burden of proof” is the job of a party to prove or disprove an argued statement. In this case, the “argued statement” would be your sexual abuse. Typically, criminal charges bear the heavier weight with burden of proof. This is because government prosecutors must prove beyond reasonable doubt that the alleged abuser is guilty.

However, with civil suits the burden of proof is lower, because only you must prove what happened. You don’t have to prove “beyond reasonable doubt” that the abuse occurred; you only need to present a preponderance of evidence that the abuse occurred and prove your injuries and their value to the court.

Why Choose a Civil Suit Over Criminal Charges?

Many of our clients ask why they should file civil charges for their abuse in the Mormon Church instead of criminal charges. Usually, this decision comes down to compensation. In a criminal case, if your abuser is found guilty, very rarely do you receive any sort of monetary compensation or “damages” from the conviction. In contrast, in civil lawsuits the jury can only award damages for the harm inflicted on you. They cannot convict your abuser.

While compensation cannot undo damage your abuser has caused, many survivors decide to file a civil suit to receive compensation for their injuries or to hold their abuser and affiliates accountable for the abuse. Sexual abuse victims often endure severe physical and emotional trauma from their abuse, leading to the need for counseling, therapy, and other medial treatments. Counseling is not always covered by insurance, so monetary compensation from a civil suit can help ease those financial burdens.

Where You Sexually Abused in the Mormon Church?

To see if you may be eligible to file a civil claim for your abuse in the Mormon Church, connect with our advocates today. We’re here to support you during this difficult time as you seek justice for your abuse. We understand that confronting abuse in the Church is not only frightening but overwhelming to approach; our sexual abuse attorneys are here to relieve the stress for you so you can focus on healing, not cutting through red tape.

For your free, no-obligation consultation, reach out to our sexual abuse attorneys today. We will walk you through our easy case evaluation to see if you may be eligible for compensation for your abuse. We promise that the information you share with us is kept confidential, and if you decide filing a claim is not in your best interest, you are in no obligation to our firm.

To speak with a caring representative today, reach out to us at 877.LDS.ATTY.

Where Can I File a Claim for My Sexual Abuse?

After deciding to pursue legal action for your abuse in the Church of Jesus Christ of Latter-day Saints, it may seem confusing and overwhelming figuring out the details of filing a claim. One of the major factors of this process is deciding where you will file the claim.

Typically, you will file a sexual abuse lawsuit based on where the abuse took place. For example, if a sexual abuse survivor was molested by a Latter-day Saint bishop as a child at a ward in Montana, the claim would be filed in Montana.

However, abuse often happens in multiple states or locations. For example, many Scoutmasters in the Boy Scouts of America were bishops in the Mormon Church. Cases have occurred where Mormon Scoutmasters would violently molest children on BSA camping trips, some of which happened out of state. Some states have opened up more lenient statute of limitations (SOL) on civil cases of child sexual abuse, and consulting with a sexual abuse attorney can help you decide where the best place to your claim would be based on the state's SOL.

An attorney can help you decide where to file the lawsuit after considering several crucial factors, including but not limited to the following:

History of the abuse
Where the abuse happened
Where an organization or company involved or associated with the abuse ins located (whether that be their headquarters or where they do business)
Additional locations where your abuser had other incidents of abuse or misconduct
Other occasions where your abuser interacted with you
Locations(s) where your abuser was relocated to by an organization or company after they heard of the abuse.

Where You Sexually Abused in the Mormon Church?

If you were sexually abused as a child in the Mormon Church, you are not alone or without options for help. We understand that confronting abuse in the Church is not only frightening but overwhelming to approach; our advocates are here to relieve the stress for you so you can focus on healing, not cutting through red tape.

The sexual abuse attorneys with Abused in Mormonism fight aggressively to make sure your abusers in the Church are held accountable for their crimes against you and fairly compensation you for your pain and suffering. We offer free, no-obligation case consultations with our legal professionals to see if you may be entitled to compensation for your abuse. We promise that the information you share with us is kept confidential, and if you decide filing a claim is not in your best interest, you are in no obligation to our firm.

To speak with a caring representative today, reach out to us at 877.LDS.ATTY.

LDS Congregation Told Not to Research Sex Abuse Case by Bishop

A recent scandal revealed a bishop in the Mormon Church told a congregation not to look into the details of a child sex abuse crime in their stake and ward. ABC4 Utah received an audio recording from a member of the Church of Jesus Christ of Latter-Day Saints, depicting how a bishop chose to explain, or, not explain the circumstances surrounding the case.

According to the bishop, a member of the Mormon Church was arrested for creating and possessing giant amounts of child pornography. The bishop’s name reveals anonymous, along with the name ad location of the LDS congregation in question, to protect the victims’ identities.

“We knew at some point that this day would come and we would have to make an announcement and let you be aware of what’s going on and the facts so that there would be no speculation,” the anonymous bishop said in the recording. “The appropriate measures have been taken in a ward and a stake arena to talk to families who he was near or who associated with him and it’s been discussed with them.”

However, following this statement, the bishop proceeded to ask the church members to not look into the details of the abuse.

“It’s up to us to stop the speculation and the discussion, it’s not our news to discuss, it’s our burden to share and help provide an atmosphere that the family can start to heal at some point.

The bishop followed up with asking the congregation to come to him personally if they want more information.

According to experts in child sex abuse cases, communication and open communication is extremely important in order to prevent future cases of abuse, not silence. ABC4 Utah interviewed Laurieann Thorpe, Executive Director of Prevent Child Abuse Utah (PCAU) who provided advice for those wondering how to address sexual abuse reports.

“The number one thing is to talk about it, with the appropriate terms so that we’re openly addressing that there is a possibility always in any circumstance of child sexual abuse,” Thorpe explained.

To read the full story and learn more about how to help prevent child sex abuse, click here. To come forward and talk to a lawyer about your rights after being abused in the Mormon Church, call us today at 877.537.2889.

Mormon Bishop Arrested for Owning Child Porn, Denied Bail

Investigators Suspect LDS Bishop May Have Sexually Abused Children

A Latter-day Saints bishop has been arrested for owning thousands of images of child pornography, and investigators suspect he may have sexually abused children, as well. According to The Salt Lake Tribune, Timothy James Hallows, a Mormon bishop from Kaysville, Utah, was booked October 16 into the Davis County jail.

Law enforcement denied Hallows bail, calling him a “substantial danger” to the community and a flight risk. Investigators arrested Hallows on suspicion of eight counts of sexual exploitation of a minor, which could lead to a maximum 15-year prison sentence if he is charged and convicted.

Revealed through a probable cause statement, law enforcement was made aware of Hallows’ crimes through a tip made by Microsoft. Microsoft owns the video-chat app Skype, which the company said a user had been utilizing to upload and send out pictures of child porn. Microsoft alerted the National Center for Missing and Exploited Children of the crimes on August 6.

Responding to the tip, investigators from Davis County served a subpoena on Comcast on October 3. This subpoena led to Hallows’ home and IP address in Kaysville, where he was arrested. Federal, state, and local officials with the Internet Crimes Against Children task force served a search warrant of Hallows’ home on October 16, investigators found thousands of child porn images, some of them including images of child abuse.

According to the statement, Hallows talked to investigators, waving his Miranda rights against self-incrimination. The 61-year-old man admitted to taking pictures of children on various camping trips he went on as part of his role as a Mormon bishop. The statement also indicated that when asked whether he had sexual contact with kids, Hallows “…stated uh huh, and shook his head in affirmation.”

Sexual Abuse in the Mormon Church

Only in the last decade have survivors of sexual abuse in the Mormon Church started coming forward and holding their abusers in the Church accountable for their actions. According to allegations, for years the Church of Jesus Christ of Latter-day Saints has silenced reports of sexual abuse through quiet dismissals, not reporting cases to the police, and using personal Church-sanctioned lawyers to settle complaints with victims. In doing so, potentially hundreds of predators within the Church have not been brought to justice for their crimes, left to abuse more children.

If you were abused by an elder in the Church of Jesus Christ of Latter-day Saints or had your abuse report silenced by the Mormon Church, you need to know you are not alone. There are resources available to help you through this difficult time, and we want to help you know and understand your options so you can recover and heal. To learn more about your options after being sexually abused in the Mormon Church, talk with us today. We have caring, compassionate professionals standing by 24/7 to answer your questions and concerns, and we promise the information you share with us is kept confidential.