What is the standard of proof in a sexual abuse civil claim?
The onus of proof for a survivor of sexual abuse in a civil claim is must lower than it is in a criminal case. In a civil suit, a survivor has to establish that it more likely than not that he or she is telling the truth about the abuse (something called “balance of probabilities”). In a criminal case, the abuse has to be proven beyond a reasonable doubt. Because of its lower burden of proof, many survivors are able to bring a successful civil claim even though criminal charges may never have been filed.