The dismissal of a recent sexual assault case against Dominique Strauss-Kahn highlights a key difference between civil and criminal cases.
Strauss-Kahn was the chief of the International Monetary Fund who was charged with sexually assaulting a hotel maid while on a visit to Manhattan, New York. Prosecutors filed the charge on May 18th. After further investigating the matter, the prosecution reversed course and dismissed all charges against Strauss-Kahn just 3 months later. Prosecutors stated that, after acquiring new evidence, they were not convinced that a crime had been committed. Victim advocates complained that this action was abandonment of the victim, and it would discourage future victims from filing complaints against influential parties.
Prior to this dismissal, the victim had filed a civil lawsuit against Strauss-Kahn, seeking damages for the sexual assault. Despite the dismissal of the criminal case, the civil case remains active. It can only be dismissed directly by the victim.
This case highlights a key difference between a criminal and a civil case. In a criminal matter, the prosecuting attorney is responsible for the direction of the case. Although they will consult with the victim, the ultimate decision on how to proceed rests with the prosecutor. A civil case is different, in that the crime victim is the actual party to the case. As such, the victim gets to decide the direction of the civil case.
Although Strauss-Kahn has escaped criminal prosecution, he is not off of the hook completely. He still will be responsible for defending the civil case. The crime victim will still be able to seek answers via discovery, and she will still be able to present her case to a jury.
