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Originally Posted by WOW!USaidSomethingSmart!
Why were the charges dropped? Even if the victim cannot testify, surely there is plenty of other evidence that can be examined that would satisfy a verdict. Perhaps the details of what he said to the victim won't be addressed because even if the parents know them, they may be considered heresay without evidence. But those aren't really necessary with all other evidence. I guess the guy could be sued civilly but I wonder, if the criminal case got dropped, would the civil case get dropped as well? I know there's a difference in the evidence accepted between the two but if there's undeniable evidence for the criminal case and that gets dropped, seems probable it'd get dropped civilly.
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The burden of proof is much lower in civil cases than in criminal - in civil cases the test is one of "balance of probabilities", thereby requiring a 51% or greater likelihood that the defendant committed the alleged act or omission. Criminal cases rely on the test of "beyond reasonable doubt", which depending upon who you speak to can be anything from 95% to 99.9% likelihood that the defendant committed the alleged act or omission. One can easily fail the "beyond reasonable doubt" test and still easily pass the "balance of probabilities" test, and indeed a lot of civil cases arise for that very reason. The criminal case being dropped will therefore not prevent a civil suit being brought, and indeed may make it easier as the offence is no longer being dealt with by another arm of the justice system.