Survivors of sexual assault are forced to deal with an intense emotional trauma that can last a lifetime.
Often, that trauma is rooted in a sense of hopelessness and uncertainty when it comes to finding justice.
Fortunately, for the survivors, there are two paths to pursue for justice. Those paths are for a criminal prosecution and a civil complaint.
The Philadelphia District Attorney’s Office handles the criminal prosecution through its Family Violence and Sexual Assault Unit (FVSAU). The Philadelphia sexual assault lawyers at Laffey Bucci D’Andrea Reich & Ryan can support a civil complaint. We have a lot of experience supporting sexual assault survivors and their families, and it’s not just about filing a complaint against the assailant.
There could be other entities that can be held liable for the abuse, such as churches, school districts, or businesses.
Whether you’re pursuing a criminal or civil complaint, you need to be supported by relevant evidence. While it might be upsetting to revisit the incident through the evidence, it is essential to present a strong case that leaves no doubt who is responsible for the assault.
What Is the Evidence That Helps a Civil Sexual Assault Case?
Many types of evidence can be gathered by your attorney and used to support the civil case, including the following:
- Survivor’s Testimony
- Witness Testimony
- Medical Records
- Forensic Evidence
- Video and Audio recordings
- Text, Email, and Social Media Posts
- Prior Acts
- Police Reports
Here are the details of what the evidence means:
Survivor’s Testimony
As the person who went through the assault, the survivor’s testimony will be the foundation of the case. The survivor might be called on to provide the details of the assault and the aftermath. That can provide strong insights into the emotional and physical trauma that they have gone through.
Witness Testimony
There could be additional witnesses who observed the survivor’s distress in the aftermath of the assault that can testify to those details and support the claim.
Medical Records
All the medical records that were related to the assault, starting with the first trip to an emergency room, will provide documentation about the physical injuries and other evidence that is consistent with sexual assault. Medical records can also include reports on therapists who helped the survivor process what happened to them.
Forensic Evidence
Forensic evidence can be collected from the survivor’s body, clothing, and crime scene. That evidence can include DNA, hair, fingerprints, and other items that can link the assailant to the assault.
Video or Audio Recordings
There could be audio or video recordings of the assault from surveillance cameras or smartphone recordings that can also demonstrate the circumstances of the assault.
Text Messages and Emails
According to the Rape, Abuse, and Incest National Network (RAINN), 60% of rapes are committed by someone known to the victim. That can mean there was potential communication between the survivor and the assailant through texts, emails, and social media that can establish the boundaries of the relationship.
Prior Similar Acts
It is essential to examine the prior acts of the assailant. These can be admissible and help establish a pattern of criminal behavior.
Police Report
If the incident was reported to the police, a report will be generated that details the incident and the investigation. This can also be crucial evidence in a sexual assault civil complaint.
How Can a Sexual Assault Lawyer Help?
It might seem overwhelming for a survivor to take on the role of investigator and gather all the evidence they need to prevail in a civil sexual assault case. That is where the attorneys at Laffey Bucci D’Andrea Reich & Ryan can be a big help.
We have worked closely with the District Attorney’s office on these types of claims, sharing evidence in support of our clients. We also provide guidance to help survivors understand the challenges of pursuing a civil complaint. We want to ensure they have all the relevant information to make the right decision about their claims.
Filing a civil sexual assault complaint is not without its challenges, but it can bring a small measure of closure to help with the healing process.
Please call to schedule a consultation to discuss your options today.