DiCaro: Insight Into How Civil Cases Like Derrick Rose's Move Forward
By Julie DiCaro--
(CBS) As you've likely heard, a lawsuit filed in California alleges that Bulls point guard Derrick Rose raped his ex-girlfriend in California in 2013.
There are stark differences between a criminal case and a civil case like this one. Here's some insight into the purpose of civil cases and how they move forward in the court system.
Civil cases are filed to make the plaintiff whole, not to punish the defendant, except in special circumstances. Basically, the plaintiff says this incident caused him or her harm -- be it physical, emotional, lost wages, therapist fees, etc. In this case, the ex-girlfriend is saying that Rose and the two other defendants caused her such harm and they should have to compensate her for that.
Now that the civil case has been filed, Rose's camp will have a set period of time (usually 30 days) to respond to the complaint in writing. Rose probably will never have to appear in court, unless the case goes to trial, which is rare in civil cases. However, depending on how far the case gets, he may have to appear for a deposition -- in which the plaintiff's attorney can ask him pretty much anything. But if the statute of limitations on the criminal case hasn't run out (and I don't believe it has), he will likely invoke the Fifth Amendment and refuse to answer the questions, as anything he says (even in a civil case) could be used against him if a criminal case ever does get going.
There are three potential outcomes here:
1) The complaint could be thrown out by the judge, but that's usually for a legal reason, not a factual one. The judge can't just decide she doesn't believe the plaintiff and throw out the case. Even when cases are thrown out, plaintiffs are usually given leave to amend their complaint to fix the defect and to refile it.
2) This is the most likely outcome: The parties settle out of court for an undisclosed sum. Usually in settlements, it's specified that the defendant doesn't admit any guilt or the truth of the pleadings.
3) It could move on to a civil trial. This is like a criminal trial, only the final outcome is in the form of monetary damages, not jail time. Again, if the statute of limitations hasn't run out on the rape charge, you would probably see Rose invoking the Fifth Amendment and refusing to testify.
Julie DiCaro is an update anchor and columnist for 670 The Score. She previously worked for 15 years as a lawyer in criminal and family court. Follow Julie on Twitter @JulieDiCaro or on Facebook. The views expressed on this page are those of the author, not CBS Local Chicago or our affiliated television and radio stations.
