Sexual Assault

The plaintiff is responsible for proving the defendant’s fault when filing a civil suit for sexual assault. 

Civil lawsuits, including those for sexual assault, place the burden of proof on the plaintiff. Attorneys can assist plaintiffs with the burden of proof, which they must meet. A judge or jury must believe that it is more likely than not that a defendant sexually assaulted you. As part of this process, your lawyer will gather evidence, such as testimony from witnesses and communications with a defendant, in order to prove your case. Additionally, your lawyer may access medical and therapy records to meet the burden of proof and hold the defendant accountable.

Our lawyers are dedicated to helping sexual assault survivors heal from the wrongs done to them. For a free case evaluation at The International Law Group of Human and Civil Rights Attorneys, P.C. call us today at info@fairnessfirm.com.

How Do I Recover Damages for Sexual Assault?

In order to recover damages, you must file a claim against your attacker or another party that contributed to your attack. The best way to recover damages for sexual assault is to file a lawsuit for assault and battery or intentional affliction of emotional distress.

What Does the Burden of Proof Mean in a Sexual Assault Lawsuit?

It is possible for survivors of sexual assault to receive justice by filing a lawsuit against a defendant. It is the plaintiff’s legal counsel’s responsibility to meet the burden of proof in order for the case to be successful. In civil trials, the burden of proof is less demanding than in criminal trials. However, victims must meet that burden if they are going to hold an abuser accountable for their behavior.

In civil cases, the burden of proof is assessed based on a “preponderance of evidence” standard. Essentially, this means that a plaintiff’s attorney needs to be able to present sufficient evidence to persuade a judge or jury that the claim is legitimate.

A lower burden of proof in civil trials may encourage sexual assault survivors to sue rather than prosecute their abusers. Unfortunately, the majority of sexual assaults go unpunished, and victims may not feel comfortable pursuing criminal charges. If you hire a sexual assault victim lawyer, you may be more likely to obtain justice and file a successful civil suit for compensation.

Evidence your lawyer may be able to use to help you successfully meet your burden of proof. 

Preservation of evidence is crucial. To the extent possible, if you have been sexually assaulted you should try to preserve as much evidence as possible to assist in your quest for justice. An attorney can also assist in gathering evidence after the fact. 

In a civil sexual assault case, your lawyer may rely on witnesses, medical records, communication records, and therapy records to prove the case.

• Medical records
• Therapy notes
• Witnesses