Are Criminal Cases Harder to Prove Than Civil Suits?

Experts Weigh In After Case of Woman Who Pursued Sexual Assault Claim in Civil Courts

- Selina Lum

A woman pursued her claim against her former romantic partner for sexual assault in the civil courts, after the authorities assessed that a criminal case could not be made out.

The two, who were colleagues in the Ministry of Defence, had been dating between June 2015 and December the same year. Though the romantic relationship ended, they had remained friends.

In July 2016, the woman invited the man over to her place for sex but changed her mind after she sobered up. Instead of leaving, the man sexually assaulted her, she claimed.

She eventually made a police report in 2021. Police said investigators interviewed several witnesses but did not take action against the man over the incident.

A police spokeswoman said that in consultation with the Attorney General's Chambers, it was assessed that the evidential threshold for criminal prosecution was not met.

The woman then filed a claim for battery against the man. A district judge in May awarded her more than $45,000 in damages.

Legal experts say the legal thresholds for pursuing criminal charges are significantly higher than those for civil proceedings.

Q How do civil and criminal cases differ?

A Legal experts note that the criminal justice system generally aims to maintain public safety by punishing offenders to deter crime. That is why sentences are penal in nature, such as fines, imprisonment, caning or even death, said Mr Alfred Lim, the managing director of Meritus Law.

On the other hand, the aim of a civil suit is often to resolve disputes between private parties.

A civil action is concerned with the rights and obligations of the parties involved, said Mr Darren Tan, the deputy managing director of Invictus Law Corporation.

Mr Lim said the objective of a civil case is for the claimant to be compensated in monetary terms, or with court orders.