What Evidence Is Needed in a Sexual Assault Case?

Civil cases focus on holding individuals or institutions accountable for their actions and providing plaintiffs with financial compensation for the harms they suffered. Unlike criminal cases, where the perpetrator of sexual abuse can be fined or incarcerated, no such remedy exists in the civil system.

A key aspect of any litigation is burden of proof, which is a legal standard that establishes if a claim is proven true or false. In a civil case, the burden of proof depends on the preponderance of the evidence. This means that the evidence presented in the case must prove that the sexual abuse more likely than not occurred. This is different from a criminal case. There, meeting the burden of proof means the evidence proves beyond a reasonable doubt that the sexual abuse did occur.

Evidence of a sexual abuse claim may come in many different forms and can be anything relevant to the claim. A lawyer with sexual abuse litigation experience will know the types of evidence that can help when survivors are seeking justice for the harms they experienced.

Do I need physical evidence to file a civil sexual abuse lawsuit?

Since the burden of proof is lower in civil cases, the amount of evidence needed may be lower than in a criminal case. If the sexual abuse occurred a long time ago, there may not be any physical evidence available to present in the case. But not having physical evidence shouldn’t stop a survivor from coming forward and seeking justice.

Oftentimes, disclosure of the sexual abuse is not contemporaneous. In fact, most survivors do not disclose their abuse until an average of 52 years old. It is incredibly common to delay reporting of the abuse. If a survivor delays reporting the abuse, the survivor should and can still seek justice and legal action.

Survivors in sexual abuse lawsuits will often be asked to testify about the abuse they experienced. These testimonies are a powerful form of evidence in sexual abuse cases. If you have physical evidence, such as a rape kit that was taken as part of a criminal investigation, it can also be valuable evidence in a civil claim.

To prove sexual assault in a civil case, the plaintiff’s evidence must prove that the assault more likely than not occurred. Evidence presented in a sexual assault civil case may include some or all of the following:

• Survivor’s testimony: Details the survivor provides about the alleged sexual abuse and/or assault and any relevant context needed to properly share their story and explain the impact of the abuse.
• Witness testimony: Witness records and testimony of what they saw relating to the alleged sexual abuse or any interaction they had with either party involved in the incident to give credibility to either the survivor’s or defendant’s narratives of events.
• Medical records: Relevant medical records that show evidence of the survivor’s injuries. Rape kit results, as well as relevant therapy, counseling or psychiatric records, can help to substantiate a sexual abuse claim.
• DNA or forensic evidence: Blood, saliva, sweat, urine, skin tissue and semen. Evidence may be collected at the crime scene and on the body and clothes of the abuse survivor.
• Electronic and written documentation: Digital communications (text messages, voicemails, social media interactions, etc.) and any written documentation/communications.
• Photos or videos: Relevant photos or videos that show evidence of the sexual abuse, who was involved, when it took place and where it took place. Photo or video evidence may also be introduced to show a connection between the survivor and perpetrator/institution. This can provide additional context as to the period of time or relationships.
• Police or other official reports: Any official police or law enforcement reports or reports to other authorities detailing the sexual abuse.

Many different types of evidence may be presented in a civil sexual abuse claim. Lawyers with sexual abuse litigation experience can help survivors determine what evidence would be appropriate for their case and help to build and prepare the strongest case possible.

A lawyer will be a support system for the abuse survivor in many ways throughout the civil litigation process. This includes helping them gather and evaluate what relevant evidence may be presented in their case. A survivor may not be fully aware of what is considered evidence in sexual abuse cases. This is when a lawyer familiar with civil sexual abuse claims can step in and help navigate the legal landscape. Lawyers can also help figure out how to find and obtain relevant evidence.

While acquiring evidence, survivors may feel uneasy about their privacy and safety as they embark on this process. Lawyers may also be able to take the proper measures to help address certain privacy issues. This includes potentially obtaining a John or Jane Doe pseudonym in order to protect the survivor’s identity in litigation, provided such a remedy is available to the survivor in the jurisdiction where they’re litigating their claim. Your lawyer is there to legally protect and support you as much as they can throughout this sensitive time.

What evidence is needed in a sexual assault case?

Evidence in a sexual assault civil case can come in many forms. This may include medical records, survivor testimony, DNA or forensic evidence, photographs, video, social media, text messages, other communications and police reports/investigation files. Consulting with a lawyer can help survivors determine what types of evidence may help support their case.

Can a rape kit be used as sexual abuse evidence?

Yes, the results of a rape kit may be presented as evidence in a civil sexual abuse case, as well as a criminal case. Rape kits are forensic exams offered to alleged victims after abuse occurs. The kits provide DNA evidence, which can be very valuable proof of an assault.

What is the burden of proof in sexual assault cases?

The burden of proof in a civil case relies on the preponderance of the evidence, which means the evidence proves assault is more likely than not to have occurred. In a criminal case, the burden of proof relies on the evidence that proves the assault happened beyond a reasonable doubt. The burden of proof is lower in a civil case than in a criminal case.

How long does a sexual assault investigation take?

The time it takes for a sexual assault investigation to be completed will vary depending on the unique facts of the case and how it progresses. A lawyer familiar with this type of investigation may be able to give you a better idea of what this timeline might look like for your specific case.

Motley Rice sexual abuse attorneys have experience representing survivors of sexual abuse and assault who seek to hold the responsible parties accountable. Our team is trauma-informed and trauma-trained to handle sexual abuse cases with compassion and determination through every step of the litigation process.

Our attorneys have litigated in lawsuits against:

• Catholic Church
• LDS Church
• School teachers and staff

Read more on our sexual abuse litigation experience.