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  1. #1
    Join Date
    Nov 2011
    Posts
    5

    Default Do Civil Settlements Prevent Criminal Prosecution

    My question involves child abuse or neglect in the State of: UTAH

    I apologise if this question seems naive:

    I have brought charges of sexual molestation against a person; there's a civil lawsuit that is under way, and this person offers me to settle it for a certain amount of money .

    If i accept this settlement, do i forfeit my rights to pursue this person in a criminal lawsuit for the same charges ?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Do Civil Settlements Prevent Criminal Prosecution

    You don't file criminal charges - the state does.

    If you're asking whether going to the police only after getting a civil settlement from somebody could potentially prejudice a case, yes it could potentially do that. The rest depends on the facts.

    If you're asking whether taking a civil settlement after going to the police could impact a potential or pending prosecution, yes it could so you should consider talking to the prosecutor responsible for the file if you want to make sure you don't prejudice the prosecution. Presumably in such a case the prosecutor has already been made aware of the lawsuit? We again don't know the relevant facts.

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