Criminal and Civil Cases for the Same Assault
If the state decides to prosecute a defendant for criminal assault, the defendant cannot be sued in civil court for the same assault until the criminal case has concluded. If a civil case is already under way when a criminal case starts, the civil case is typically stayed (i.e. put on pause) until the criminal case has concluded.
The result in a criminal case, i.e. the defendants guilt or innocence and any other findings of fact, can be used as evidence in a civil case under a doctrine called collateral estoppel. Collateral estoppel is a complex rule that the judge in the civil case applies to determine whether the criminal findings can be used without having to prove everything a second time in the civil case.
It is difficult for even highly skilled attorneys to predict how a judge might apply collateral estoppel, but the general rule is that if the defendant had a full and fair opportunity to plead his case in the criminal trial, the results from the criminal trial will be applied in the civil court case.
http://www.alllaw.com/articles/nolo/personal-injury/civil-case-criminal-case-after-assault.html
Isn't really helping me understand SM involvement. But it's a little info.
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