What Evidence Is Needed for a Sexual Assault Case?

It is a sad reality that anyone, at any age, can be the victim of a sexual assault. Any type of sexual assault should be considered a violation. It’s the type of event that leaves lasting emotional scars long after the physical injuries have healed. Too often, a survivor of a sexual assault might try to push aside the painful memories, but until they find a measure of justice, it is hard to move on.

That’s why it is vital to hold the assailant and any other responsible entity accountable for their actions that caused the assault to happen. As painful as it might be to relive the traumatic incident, it is vital for survivors to speak with an experienced Charleston sexual abuse lawyer to understand what accountability might look like.

That can involve supporting the state prosecutor who will criminally charge the assailant. It can also mean filing a civil complaint against organizations and businesses that might have turned a blind eye to the potentially dangerous situation they fostered, which allowed the assault to take place.

The team at Hendrickson & Long, PLLC has built a strong reputation as fierce advocates for survivors of sexual assault. It is not a stretch to imagine that organizations such as a church, a business, or an entire school district can be held accountable.

Unlike a criminal charge that needs to be proven beyond a reasonable doubt, a civil complaint only needs to be proven by a preponderance of the evidence. The following are some examples of what evidence is required in order to prevail in a sexual assault lawsuit:

Survivor’s Testimony

The testimony provided by the survivor of a sexual assault might be the most important piece of evidence that is presented in a civil trial.

The survivor may be called on to recount the details of the assault and describe the emotional and physical impact that was left behind. As painful as it might be to relive that assault, a compassionate sexual assault attorney will ensure that the survivor is fully prepared to answer any questions.

Witness Testimony

There could be additional witnesses who can corroborate the assault, especially as it relates to the aftermath. Anyone that the survivor took into their confidence can be called on to provide supportive testimony.

Medical Records

Records will document any injuries associated with the assault. In addition to entering the records into evidence, doctors and other medical professionals might be called on to testify on the validity and details of those records.

Forensic Evidence

Advances in the collection and testing of forensic evidence have proven to be extremely valuable assets in a sexual assault lawsuit. That forensic evidence can include DNA that was collected at the crime scene and from the survivor’s body and clothing. That evidence can identify the assailant with little room for doubt.

Text Messages, Emails, and Audio Recordings

In some sexual assault incidents, the crime is not a random event but one that the assailant carefully planned. There could be texts, emails, and voicemail recordings between the survivor and the assailant that establish a history of grooming and references to non-consensual acts.

Those can all be submitted into evidence.

Prior Acts

If the assailant committed similar assaults in the past, those prior acts can be entered into evidence in support of a civil complaint. Those prior acts might also have been known by the organization that hired the assailant. That contributes to the notion that the organization should be held accountable.

Police Report

A sexual assault that led to criminal charges will generate police reports beginning with the initial assault and any follow-up investigation. Those reports and the officers who made them can all be used in the civil lawsuit proceedings.

What Can You Gain from a Sexual Assault Lawsuit?

It might seem like a hopeless situation to take on a major organization or business in a sexual assault lawsuit. The pain of reliving those events could be overwhelming. However, survivors need to consider what can be gained from prevailing in such a lawsuit.

Survivors can be awarded compensatory damages that cover all their medical expenses related to the assault. That includes lost wages and any ongoing therapy costs. Additionally, damages for pain and suffering can also be awarded. These would provide compensation for the impact of the assault on the survivor’s quality of life.

Finally, punitive damages could also be awarded. These would be a direct monetary punishment against the assailant and the organization, which is an effort not only to punish them but also to prevent this type of assault from happening again.

Taking on these organizations will not be without its challenges. That is why you need to understand what you might be up against by discussing the matter with the attorneys at Hendrickson & Long, PLLC.

You can schedule a free, confidential consultation to receive the information you need to decide on your options. We have knowledge to share and answers to your questions.

Call to schedule a talk today.