Jeff Herman Explains The Difference Between Criminal And Civil Cases

Jeff Herman is an American lawyer who specializes in sexual abuse cases, being also the founder and Managing Partner of Herman Law. Throughout his career he represented over 100 clients and declared that his goal is to give the sexual abuse victims a voice.


Jeff Herman handled many high-profile lawsuits and as a result made headlines by exposing sexual predators. He made appearances on MSNBC and CNN and was also featured by The New York Times and USA Today, among other publications. Jeff Herman notes that he is glad that sexual abuses cases are becoming national news, as they are serious charges – regardless of the status of the accused.


While weighing in on the Harvey Weinstein Case, Mr. Herman pointed out the difference between civil law and criminal law as part of the American justice system. In criminal court, the prosecutors are required to prove that the sex crime occurred, beyond reasonable doubt, which is a difficult task as the burden of proof is high. While victims know that sexual assault perpetrators could be held accountable, the civil court is often their only measure of justice.


As far as a criminal case goes, Jeff Herman notes that the sexual assault case is considered a crime against the state, which means it is brought to court not by the accuser but by the state. As a result, the accuser has little to no say in the direction the case will go, only appearing as witnesses. They also cannot veto settlement negotiations.


Due to the way the criminal system operates, a civil case can be the only way a victim can have justice. Civil cases as opposed to criminal cases can be easier to prosecute in some ways, the attorney being required to prove just a ‘preponderance of evidence’. At the same time, sexual abuse cases are more difficult to defend. This is especially true in the case of wealthy individuals, who can be at risk for false accusations, as accusers are more determined to reach a settlement or ask for damages since they are aware that the defendant has enough resources to pay. Go Here to learn more.


More about Jeff Herman on