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The United States offers two systems of justice for survivors of crime. While most people are generally aware of their options through the criminal justice system, many are unaware of their civil legal options. When a survivor files a report with Law Enforcement s/he is accessing the criminal justice system. When a survivor hires her/his own attorney and files a law suit, s/he is engaging the civil justice system. The following table outlines several important differences between the two systems.

Criminal Prosecution	Civil Prosecution
Goal: Punishment, deterrence, and rehabilitation of perpetrator (defendant)	Goal: Financial recovery, accountability
Control: District Attorney controls whether or not charges are filed or dropped, whether or not case goes to trial, etc. However, prosecutors are required to consider the wishes of the victim.	Control: The survivor controls all major decisions throughout the civil litigation process, including whether or not to drop the case.
Juror Consensus: In Oregon criminal cases, felony charges require juries of 12, and only 10 of those jurors have to agree on the verdict (of either guilty or not guilty, otherwise, there is a mistrial for "hung jury" if 10 can't agree). In misdemeanor cases, there are only 6 jurors and all of them have to agree on the verdict.	Juror Consensus: The civil attorney needs only 9 out of 12 jurors to agree that the defendant is guilty.
Proof: "Beyond a reasonable doubt." The district attorney must meet the highest burden of proof under the law.	Proof: "Preponderance of evidence." The civil attorney must only prove that it is "more likely than not" that the defendant is responsible.
Confidentiality: The survivor does not have a guaranteed confidential relationship with the district attorney, i.e. anything the victim says or does with the district attorney as witness can be used in court.	Confidentiality: The survivor has a guaranteed confidential relationship with her/his attorney, i.e. the survivor may disclose information to the civil attorney without that information being used in trial.
Guilty Parties: The district attorney can pursue the perpetrator. Additionally, anyone who aids or abets the actual perpetrator is criminally liable for the same crime as the perpetrator.	Guilty Parties: Civil cases can pursue the perpetrator and other legally responsible persons and entities.
Cost: There is no cost to the victim to report a crime to law enforcement.	Cost: Victims will most likely have to pay a civil attorney.

It is important that the survivor is able to choose what options are best for her/him. For more anonymous information on the process of reporting to law enforcement and criminal prosecution, contact the Benton County Victim Assistance Program at 766-6688.

Restraining Orders

In addition to reporting to Law Enforcement or filing a law suit, survivors of intimate partner violence and sexual assault may also be able to file for a restraining order or a stalking protective order. Advocates with the Center Against Rape and Domestic Violence or ASOSU Legal Advisors can help determine eligibility and file paperwork (see Find Resources).

University Student Conduct

If the perpetrator is a university student, it is also possible to pursue action through the university system. The survivor can make a complaint with the University Student Conduct office. Options include requiring that the perpetrator receive counseling, limiting where and when the perpetrator can access locations on campus, and even expelling the perpetrator from the university (see Find Resources).

Oregon's Rape Shield Law

The days of unabashed intrusions into the lives of victims in court has long since passed in most states. Instead, privacy is protect; including sexual history. The following is a brief explanation of Oregon's Rape Shield Law. By passing this law the state has shown that it is determined to fairly and justly try perpetrators without putting the victim's character on trial.

In any prosecution for rape, sodomy, sexual penetration with a foreign object or sexual abuse of whatever degree, or attempt to commit such crimes:

• Reputation or opinion evidence of a victim's past sexual behavior (sexual character) is not admissible for any purpose;
• A victim's past sexual behavior (sexual conduct) is not admissible unless it: relates to motive or bias of the victim, or is necessary to rebut or explain scientific or medical evidence offered by the state, or is otherwise constitutionally required to be admitted (defendant's 6th Amendment right to confront witness against him/her).

Bottom Line: During prosecution the defense attorney is rarely permitted to bring to light a victim's past sexual history or conduct.

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