If I was sexually assaulted, can I take him to civil court even though he is in prison?

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If I was sexually assaulted, can I take him to civil court even though he is in prison?

I went through the whole court process and after 2 years he was put in prison for the next 13 years. I have spent a lot of money during the court process due to the crime (counseling, traveling expenses, etc.) and never got anything in return.

Asked on May 1, 2013 under Personal Injury, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Legally, you may sue him for damages or compensation--being in prison or convicted does not discharge his other potential civil liability (whether to you or to anyone else he injured or whom he owes money). Practically, if he's in prison and not working, and may have spent all or most of his own money/assets on his crimimal defense--or was someone who never had much income or assets--then there may be no point to suing: even if you won, you would likely not recover anything.


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