Every minute and a half, someone in the United States is sexually assaulted.
In many states, the laws are changing to help survivors of sexual assault. Unfortunately, numerous instances include only circumstantial evidence that leaves room for doubt, making it difficult to press criminal charges.
A sexual assault civil case, however, is much easier to prove.
If you or someone you know is a survivor, learn more about the evidence you’ll need in a civil case here.
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716-600-0000Civil Versus Criminal Sexual Assault Cases
Before we discuss proof, it’s important to understand the distinctions between a criminal and civil case.
A criminal trial requires proof that establishes, beyond a reasonable doubt, of an individual’s guilt. If indicted of the charge, the individual faces prison time.
In a civil case, the 7th Amendment of the U.S. Constitution allows survivors to fight for monetary compensation for what happened to them.
Proof in a Sexual Assault Civil Case
Steve Boyd
Since 1999, Steve has been a beacon of hope for survivors, representing them with utmost dedication in the most challenging times of their lives. Catastrophic injuries, accidents, sexual abuse, wrongful death incidents – your battle becomes his. Recognized by peers and clients alike, Steve successfully leverages his years of experience to secure substantial verdicts and settlements for clients. Representing over 3,000 personal injury survivors in New York State and Pennsylvania, his accolades speak for his unwavering resolve.
1. Witnesses
To convince a jury or court of sexual assault, witnesses who agree with your story are very helpful. They increase a plaintiff’s credibility.
The testimony of other survivors is also extremely helpful.
2. Physical Proof
Physical proof is strong evidence for any sexual assault case. If survivors come forward immediately after, a sexual assault kit collects evidence that is highly useful in court, including pictures, DNA samples and more.
However, many who are assaulted may not come forward for an extended period, making this proof difficult to obtain. For those times, do not lose hope; there are other forms of evidence used in court.
Unsure if you have a case? Let’s have a conversation; it will be completely confidential. We’ll believe you. We’ll walk you through the process so that you understand what this is, what we’ll do, and how your case will go as we stand with you every single step of the way.
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3. Contact
Almost 80% of sexual assault survivors know their assailant. It is highly likely individuals who sexually assault others will contact them before or after the experience.
Keep records of any contact with the defendant, including communication at work, in your personal life or with friends.
4. Photos and Documents
Similar to other crime scenes, evidence from the scene itself also plays a part in civil cases.
Trace and pattern evidence, such as hair follicles or shoe prints, can prove individuals were at the scene.
Take photos of the scene to help showcase such evidence. Also, write down every detail you recall about the incident.
5. Counseling Records
Finally, many survivors can take decades before they are ready to share what happened with loved ones. However, if they have told a counselor, those counseling records can be brought into a case to support what happened to them and the damage caused.
New Beginnings
A sexual assault civil case can be a step towards healing. It lets survivors obtain the help they need to look ahead rather than dwell on the past. These cases require attorneys experienced in the pain and grief of child sexual abuse cases.
Attorney Steve Boyd has worked with survivors in many cases. He is a strong advocate for the rights of survivors and committed to fighting for you. Contact our office today to confidentially discuss your situation.
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Mr. Boyd is a phenomenal lawyer! He answered all of my questions in a timely and professional manner. Highly recommend!
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Always extremely timely and efficient. They have always done great work for us. I’m glad to have them on my side!
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Steve Boyd and his office are wonderful! They are responsive, attentive, professional, and empathetic. If you want a firm that will truly care about your case and getting you the highest potential settlement, Steve Boyd is your attorney.
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