Can You Sue for Sexual Assault in Michigan if There Were No Criminal Charges?

Yes. If the prosecutor declined to file charges, if a jury returned a verdict of not guilty, or if you never went to the police at all, you can still bring a civil case in Michigan against the person who assaulted you. A civil claim is a separate case you bring in your own name, decided under a different standard, and Michigan’s statute states plainly that no prosecution or conviction is required.

Sexual abuse attorneys at Vahdat Weisman Law represent survivors of sexual assault and abuse across Michigan. Call (734) 469-4994 for a free, confidential consultation. No attorney fee unless we recover for you.

A Civil Case Belongs to You, Not the Prosecutor

A prosecutor brings a criminal case on behalf of the People of the State of Michigan. The survivor is a witness, not a party, and the prosecutor decides whether to charge, what to charge, and whether to accept a plea.

A civil case is yours to bring, with your own lawyer, and it asks a court to order compensation for what the assault cost, including counseling, lost income, and harm to daily life. It can also name an employer, school, or business whose own failures made the assault possible. The two cases can run at the same time, one after the other, or only one may ever happen.

You Do Not Have to Prove It “Beyond a Reasonable Doubt”

A criminal conviction requires proof beyond a reasonable doubt, the highest standard in American law. A civil case uses the preponderance-of-the-evidence standard: a jury asks whether what you say happened is more likely true than not.

Your own account is evidence. A civil jury weighs it against the defendant’s, along with everything else in the case.

The Law Was Written With This Situation in Mind

Michigan gives you 10 years to sue for damages caused by criminal sexual conduct, and the same subsection answers the question this page is about (MCL 600.5805(6)):

“For purposes of this subsection, it is not necessary that a criminal prosecution or other proceeding have been brought as a result of the conduct or, if a criminal prosecution or other proceeding was brought, that the prosecution or proceeding resulted in a conviction or adjudication.”

That covers no report, no charge, a dismissed charge, and an acquittal. If you were under 18, a separate rule runs to age 28 or three years after discovery, whichever is later, with the same no-conviction language (MCL 600.5851b(1)-(2)), though some older claims are barred. See the Michigan sexual abuse statute of limitations. A claim for conduct that does not meet the criminal sexual conduct definitions may fall under the two-year assault and battery period instead (MCL 600.5805(3)).

If the Prosecutor Declined to Charge

A decision not to charge is not a finding that nothing happened. A prosecutor has to decide whether a case can be proven to a unanimous jury beyond a reasonable doubt. That decision can turn on evidence, timing, or other factors that are not always explained. A civil claim is measured against a lower standard and does not depend on it.

Many assaults never reach a prosecutor. In the federal government’s national crime survey, the share of rapes and sexual assaults reported to police was 21% in 2022 and 46% in 2023 (Bureau of Justice Statistics, Criminal Victimization, 2023, Table 4).

If He Was Found Not Guilty

An acquittal does not bar a civil case over the same conduct because the burden of proof differs (Helvering v. Mitchell, 303 US 391, 397 (1938), as summarized in the Michigan Judicial Institute’s Crime Victim Rights Benchbook). A not-guilty verdict means the prosecution did not meet the criminal standard. It does not determine that the assault did not happen, and the rule allowing a past conviction into evidence does not extend to acquittals.

If He Was Convicted or Pleaded Guilty

A final judgment of conviction entered after a trial or a guilty plea, for a crime punishable by more than a year in prison, can be admitted in your civil case to prove facts essential to that judgment, even while an appeal is pending (MRE 803(22)). A conviction for the same conduct can be relevant in a later civil case, and its prejudicial effect alone was not enough to exclude it (Waknin v Chamberlain, 467 Mich 329 (2002)).

Three limits apply:

• A no-contest plea generally cannot be used against him. Michigan’s evidence rules exclude a nolo contendere plea against the person who entered it, allowing it in a civil case only to defend against a claim that person brings (MRE 410(a)(2)).
• A conviction is evidence, not automatically a win. Whether a criminal judgment can be treated as binding on the defendant in your civil case depends on Michigan’s mutuality rules (Monat v. State Farm Ins. Co., 469 Mich. 679 (2004)).
• Restitution is credited. Money paid under a criminal restitution order is set off against compensatory damages later recovered in a civil case (MCL 780.766(9)).

A later set-aside of the conviction does not affect the right to bring a civil action for damages (MCL 780.622(5)).

When the Criminal Case Is Still Open

You do not have to wait for the criminal case to end, and waiting does not stop the civil clock. A Michigan judge may pause your civil case until the criminal case is resolved, but that is a discretionary call, often made to protect the defendant’s right not to incriminate himself (MJI Crime Victim Rights Benchbook §10.4). Federal trafficking claims are different: they are paused by statute while a related criminal case or investigation is pending (18 USC 1595(b)). See our page on human trafficking survivor claims.

The defendant may refuse to answer questions by invoking the Fifth Amendment, including in his answer to the complaint, where a proper invocation is treated as a denial (Huntington Nat’l Bank v. Ristich, 292 Mich App 376 (2011)). Silence carries a cost in a civil case: the Fifth Amendment “does not forbid adverse inferences against parties to civil actions when they refuse to testify in response to probative evidence offered against them” (Phillips v. Deihm, 213 Mich App 389, 400 (1995)).

What Counts as Evidence Without a Police File

Civil cases are built from whatever exists, and subpoenas and depositions can find more. Useful evidence often includes:

• Texts, direct messages, emails, and social media posts from before and after the assault
• Medical records, including a sexual assault forensic examination. That exam does not require reporting to police or cooperating with law enforcement, and the provider cannot bill the survivor for it (MCL 18.355a(2), (10))
• People who saw you that night or soon after, subject to the rules of evidence
• Counseling records, which show the harm but may have to be shared once emotional injury is claimed

Evidence that he did something similar to someone else is not admissible just to show he is the kind of person who would do it. It can be admitted for another purpose, such as intent, plan, scheme, or identity (MRE 404(b)). The broader Michigan statutes allowing other sexual offenses into evidence apply only “in a criminal case” (MCL 768.27a(1)).

Who Pays if You Win

A judgment against an individual is collected from that person’s income and assets. Homeowner’s and other liability policies commonly exclude intentional acts, and some specifically exclude sexual molestation, so insurance may not cover the assault itself; the actual policy decides.

A business, school, or employer whose own negligence, such as ignoring prior complaints or failing to provide reasonable security, contributed to what happened can be a separate defendant. See our workplace sexual assault and college campus sexual assault pages.

Protection and Support That Do Not Depend on Charges

A personal protection order. If you were subjected to, threatened with, or placed in reasonable apprehension of sexual assault, you can petition for a PPO whether or not the respondent was ever charged or convicted (MCL 600.2950a(2)(b)). If he was convicted of sexually assaulting you, the court must grant the order (MCL 600.2950a(2)(a)). An order entered without notice to him lasts at least 182 days (MCL 600.2950a(13)). If he is a spouse, former spouse, dating partner, or someone you lived with or share a child with, the domestic relationship PPO statute applies instead (MCL 600.2950).

Crime Victim Compensation. Michigan’s fund can pay certain out-of-pocket costs, and the statute requires neither a charge nor a conviction. It does require police records showing the crime was reported (MCL 18.360(c)), and you generally must file a claim within five years (MCL 18.355(2)). Failing to report does not prevent a civil claim.

Your Privacy

Whether to go forward is your decision, and a consultation commits you to nothing. What you tell us is confidential. If you file, Michigan civil cases allow you to ask the court to protect a survivor’s identity, including filing under initials, and courts can enter protective orders limiting how sensitive information is used (MCR 2.302(C)).

Why Choose Vahdat Weisman Law?

A case without a criminal file must be built from the start: preserving messages, obtaining medical records, identifying witnesses, and determining whether an institution shares responsibility. When there is a criminal case, we coordinate timing so the civil deadline does not slip.

From our Livonia office, we represent clients throughout Michigan. Founding partners Kara E. Weisman and Jordan S. Vahdat have each been honored as Super Lawyers Rising Stars. Our attorneys are members of the State Bar of Michigan and active in the Michigan Association for Justice. We advance case costs, we work in English and Spanish, and we are available 24/7.

Frequently Asked Questions

• The prosecutor said there wasn’t enough evidence to charge. Do I still have a case? You may. A prosecutor decides whether a case can be proven beyond a reasonable doubt, while a civil jury decides what is more likely true than not. Michigan’s 10-year statute expressly applies whether or not a prosecution was ever brought (MCL 600.5805(6)).
• He was found not guilty. Can I still sue him? Yes. An acquittal means the criminal standard was not met, and it does not bar a civil case over the same conduct. The acquittal itself generally does not come into evidence as a finding in his favor.
• I never reported it to the police. Can I still file a lawsuit? Yes. You don’t need a police report for a civil claim. A report can add evidence, and Michigan’s Crime Victim Compensation program does require one, so the choice involves trade-offs worth discussing.
• Can I get a protection order if he was never charged? Yes. Michigan allows a personal protection order based on sexual assault regardless of whether the respondent was charged or convicted (MCL 600.2950a(2)(b)). The petition has to describe the facts that support it.

About the Author

Kara E. Weisman is a founding partner of Vahdat Weisman Law in Livonia and handles medical malpractice, wrongful death, civil rights, and personal injury claims. She clerked at the Ingham County Probate Court and the Federal Defender’s Office for the Eastern District of Michigan, and is admitted to all Michigan state courts and the Eastern and Western Districts of Michigan.

Talk to a Michigan Sexual Assault Lawyer

If no one was charged, or the criminal case ended without a conviction, call Vahdat Weisman Law at (734) 469-4994 or contact us online. The conversation is free and confidential. Available 24/7, serving all of Michigan, with Spanish-speaking staff. See our sexual assault victims FAQs pages.

Dedicated to Justice. Devoted to You. Winning for Your Future. 

Reviewed by Kara E. Weisman, Vahdat Weisman Law. Last reviewed October 2026.

This information is for educational purposes only and does not constitute legal advice. Every case is unique, and prior results do not guarantee future success.