Types of Evidence to Gather in a Sexual Abuse Case
Sexual abuse survivors can seek justice by filing a civil sexual assault case in addition to a criminal complaint. However, these cases can be challenging to prove, especially if several years have passed since the abuse occurred. The right evidence is crucial to building a successful civil claim and recovering compensation for a survivor.
At Rhine Law Firm, P.C., we aggressively pursue justice to help survivors heal and hold offenders accountable. Our compassionate sex abuse attorneys have recovered millions in judgments and settlements for clients in civil cases. We provide powerful representation for survivors. Rhine Law Firm only accepts cases against institutions, not against an individual perpetrator with no institutional connection, such as a neighbor or relative. Call today to schedule a free consultation.
What Is the Statute of Limitations?
Under the SAFE Child Act, prosecutors generally have up to 10 years from the date of an incident to bring a criminal action. Survivors who were abused while under the age of 18 have until age 28 to file a civil action. While this law gives survivors more time to seek justice, that protection is not limitless. If you or someone you care about experienced institutional sexual abuse in childhood, consider consulting our legal team before the deadline expires.
In addition, gathering evidence for a civil sexual abuse claim is a complex process. At Rhine Law Firm, we carefully investigate your case to determine which evidence is relevant and admissible under state law. We follow proper procedures to obtain it and use it to build the most compelling case possible, which can include the following:
Victim Testimony
As a sexual abuse victim, your account of what you experienced is essential to the case. You relay details of the abuse and express how this trauma has affected your physical and emotional well-being. We do everything possible to handle your case with discretion. You can file under a pseudonym to protect your privacy as much as possible–although your identity must be disclosed in court.
Police Reports
In many sexual abuse cases, criminal proceedings coincide with civil claims. If you filed charges, your sex abuse attorney will obtain copies of the police report and any investigative materials related to the case.
It’s important to note that the offender does not have to be convicted for you to pursue civil damages. However, a conviction for the same offense is helpful because it helps prove the defendant committed the act in question.
Medical Records
If you sought medical care after the abuse, any bruises, lacerations, or defensive wounds that are documented during medical exams are also valuable evidence. Testimony from healthcare providers that suggest or strongly indicate that abuse occurred can be used to support your claim as well.
Witness Accounts
Did anyone witness your abuse or see photos or videos of it? Witness accounts are often used as evidence in civil sexual abuse cases. While eyewitness testimony is persuasive, a firsthand account is not always necessary. Statements from third-party individuals who witnessed or were aware of child sex abuse can also be used to support your case.
Physical Evidence
DNA, blood, hair, or fibers collected at the scene are compelling evidence. It can confirm contact between the alleged perpetrator and the victim. If this evidence exists, we will work to obtain it.
Electronic Evidence
Photos, videos, texts, emails, and social media are increasingly involved in legal proceedings. This can include sexually related materials depicting the victim or shared with the victim. A defendant’s digital footprint can also establish their location during the abuse and help prove contact between the defendant and the child. Further, if the abuse was recorded or even discussed with others through texts or social media, these details are hard to dispute.
Settlement Negotiations
It becomes more challenging to recover evidence as more time passes. However, that does not mean we cannot get justice for survivors. Rhine Law Firm sex abuse attorneys work hard to prepare solid cases, even if years have passed since it occurred.
Before a civil sexual abuse case goes to court, both parties may attempt to resolve the matter through a settlement. This can be beneficial for survivors to avoid retraumatizing them by formal court proceedings. The strength of the evidence plays a pivotal role in settlement negotiations.
Contact Rhine Law Firm to Schedule a Free Case Review
We represent victims of sexual abuse because it’s the right thing to do. We are dedicated to protecting the most vulnerable and innocent members of our communities – our children. Our cases seek to change the behavior of institutions that permit predators to prey on young children under their watch. Our team of personal injury lawyers is committed to holding offenders accountable and recovering fair and reasonable compensation for your physical, emotional, and financial losses. Contact us to schedule a free case evaluation today. Since we work on a contingency fee basis, you will not pay attorney’s fees unless we win compensation for you. Located in Wilmington, Rhine Law Firm, P.C. serves clients in and around New Hanover County and North Carolina. We are also involved in national sexual abuse cases such as the cases on behalf of survivors of abuse while in juvenile facilities in Maryland.
