If Love Is Kind...

                   ...Then Love Shouldn't Hurt

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What is the criminal law system?

The criminal law system is very different from the civil law system in a couple of ways.  First of all, nobody can be sent to prison using the civil law system.  Second, nobody can gain money from a lawsuit by using the criminal law system.

Criminal law is always used to send somebody to prison, to fine him if the crime is small, to put him under probation, or to prove that person innocent.  Murder trials are an example of a criminal trial:  they have the defendant, who is the person that will either be sent to prison, fined, or found 'not guilty';   they have the prosecution, which is usually the state or federal attorney who tries to convict the defendant and send him to jail fine him, or place him under probation;  they have a jury, usually 12 people, who will decide if the defendant is guilty and how much he can be punished for his crime if he is found guilty;  and they have a judge, who decides the final punishment for the defendant if he is found guilty by the jury.

Again, while the defendant can be sent to jail if he is found guilty by the jury, in the criminal law system he can never be ordered to give money to the person he wronged.  This must be done through a lawsuit using the civil law system.  Also, it is difficult to send a person to prison for verbal abuse, emotional abuse, or other non-physical abuse.  For these cases either use the civil law system and file a lawsuit asking for money, or ask a judge for a restraining order against the person.

Even though you cannot be repaid for abuse using the criminal law system, you should try to build a criminal case against the abuser if he has hurt you or damaged your property.  Only after considering a criminal case should you file a lawsuit for emotional abuse.

When should criminal law be used?

In this section we will deal with the actions you can take against abuse by using the criminal law system.  Because criminal law punishes people for physical crimes (crimes where there may be witnesses and/or evidence of abuse like bruises and other signs of mistreatment) it usually helps victims of domestic violence and other forms of physical violence.

These are the types of abuse and violence where the victim should use the criminal law system:

If you are a victim of any of these crimes and you need legal help, or if you know someone who needs help, keep reading to see your legal options.  Below, you will find ways to protect yourself from an abuser.

What are my options?

As a minor/young adult, a female victim faces special issues when trying to build a case against her abuser. First of all, if you are under the age of 18, it is strongly recommended that you have a trusted adult support and assist you during this period. Find an adult you can depend on and do trust. Tell him/her exactly was has happened- the abuse that has taken place, how you feel, and what you would like to do.

Keep evidence, items that support you claim that you have been abused, such as threatning notes, internet conversations, or if you have been physically abused, take pictures of the wounds if possible. Should you use the criminal law system, these will be vital.

What about him?

Distancing yourself from the abuser and the abuse is your most powerful option against violence, and you only need determination to follow through with it.  However, this is easier said than done. It will be difficult to do this if
                a) he follows you around and/or threatens you or anyone else close to you
                b) you feel that you care deeply for him and/or don't want to hurt him
                c) you attend the same school/church/etc. and may have to see each other

When problem A is your issue, inform your guidance counselor, resource officer, and your teachers. At a minimum, let your resource officer or counselor know about the situation. If you are comfortable, inform at least one teacher that can help "watch out" for you at school. Have your trusted adult talk to someone at your school about staying safe- that's your right as a student.

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Last modified: Monday February 21, 2005.