Can I Be Sued in Civil Court After a Military Sexual Assault Allegation?
Many service members believe that once a military sexual assault case ends, whether through acquittal, dismissal, or administrative action, the matter is over. In reality, some accusers pursue civil lawsuits seeking money damages even when the criminal case fails. These civil cases operate under entirely different rules, lower burdens of proof, and strategic incentives. This page explains whether you can be sued civilly after an Article 120 allegation, how civil cases differ from court-martial proceedings, and how Gonzalez & Waddington protects service members from follow-on civil liability.
Short Answer
Yes. An accuser may file a civil lawsuit even if you were never charged or were acquitted at court-martial. Civil cases use a much lower standard of proof and are driven by financial recovery rather than criminal punishment. However, civil lawsuits are often weak, opportunistic, and defensible when handled correctly. Early coordination between military defense counsel and civilian litigation strategy is critical to protecting your assets, reputation, and future.
Why Civil Lawsuits Follow Failed Military Sexual Assault Cases
Lower Burden of Proof
Civil courts apply a preponderance of the evidence standard, meaning the plaintiff only needs to show that their version of events is more likely than not. Evidence insufficient to convict at court-martial may still be used to pursue civil damages.
Financial Incentives
Civil lawsuits are often motivated by the prospect of money rather than accountability. Plaintiffs may seek damages for emotional distress, pain and suffering, lost income, or punitive damages. In some cases, civil litigation becomes the fallback option after criminal prosecution fails.
Use of the Same Allegations
Most civil lawsuits rely on the same factual allegations presented in the military case. However, plaintiffs frequently reframe the narrative, omit weaknesses exposed at trial, and emphasize emotional harm over evidentiary reliability.
Public Narrative Pressure
Civil litigation can be used as a reputational weapon. Filing a lawsuit allows the accuser to keep the allegation alive publicly, even when the military justice system rejected it.
How Civil Sexual Assault Lawsuits Differ From Court-Martial
No Requirement of Proof Beyond a Reasonable Doubt
Civil courts do not require certainty. Ambiguity that favors the accused at trial may still result in liability if the factfinder believes the plaintiff slightly more than the defendant.
Different Evidence Rules
Civil courts may admit evidence that would be excluded at court-martial, including certain hearsay, character evidence, or prior statements. This makes coordinated defense strategy essential.
Discovery Can Be Invasive
Civil discovery allows plaintiffs to request documents, messages, social media content, and testimony under oath. Without careful management, discovery can be used to harass or pressure defendants into settlements.
No Double Jeopardy Protection
Double jeopardy does not apply to civil cases. An acquittal does not prevent a civil lawsuit based on the same conduct.
Aggressive Military Defense Lawyers: Gonzalez & Waddington
Watch the military defense lawyers at Gonzalez & Waddington break down how they defend service members worldwide against UCMJ allegations, CID/NCIS/OSI investigations, court-martials, Article 120 cases, administrative separations, and GOMORs. If you’re under investigation or facing charges, this video explains what your rights are and how experienced civilian military counsel can make the difference.
How Gonzalez & Waddington Defends Against Civil Liability
Early Civil Risk Assessment
Our firm evaluates civil exposure early, often while the military case is still pending. Understanding civil risk influences trial strategy, witness handling, and evidence preservation.
Using the Military Case as a Shield
Acquittals, dismissals, and investigative failures are powerful tools in civil defense. We ensure the record from the military case is preserved and positioned to undermine later civil claims.
Coordination With Civil Litigation Counsel
When civil lawsuits are filed or anticipated, we coordinate closely with experienced civil defense attorneys to ensure a unified strategy that avoids inconsistent positions and unnecessary exposure.
Protecting Assets and Reputation
Civil defense is not just about winning in court. It is about protecting finances, privacy, and long-term reputation. We advise clients on asset protection, insurance implications, and public exposure risks.
Common Outcomes of Civil Sexual Assault Lawsuits
| Civil Case Outcome | Practical Impact |
|---|---|
| Case dismissed | No financial liability, allegation effectively ends |
| Defense verdict | Allegation rejected after trial |
| Settlement | Financial resolution without admission of wrongdoing |
| Plaintiff verdict | Damages awarded, potential long-term financial impact |
Frequently Asked Questions About Civil Lawsuits After Article 120 Cases
Can I Be Sued Even If I Was Acquitted?
Yes. Civil lawsuits are independent of criminal outcomes and use a lower burden of proof.
Does Insurance Cover Civil Sexual Assault Claims?
Coverage varies widely and often excludes intentional acts. Early legal review is essential.
Should I Settle to Make It Go Away?
Not automatically. Many civil cases are defensible and settlements can create long-term consequences.
Can Civil Discovery Hurt My Military Case?
Yes. Poor coordination can create inconsistencies. Integrated defense strategy is critical.
When Should I Call a Lawyer About Civil Risk?
As soon as a sexual assault allegation arises. Early strategy reduces long-term exposure.
The Bottom Line: Civil Lawsuits Are a Second Battlefield
For many service members, civil litigation becomes the next fight after a military sexual assault case ends. These lawsuits can be financially and emotionally draining if not handled correctly. Gonzalez & Waddington understands that defense does not stop at acquittal and builds strategies that protect clients from both criminal punishment and civil liability. If you are facing or anticipating a civil lawsuit after an Article 120 allegation, you need a defense team that understands both battlefields.
