Sexual abuse is a devastating crime that can destroy lives. It is defined as a person knowingly engaging or threatening to engage in a sex act with someone against their will or who is unable to give consent. Sexual abuse can happen to anyone of any age or gender by anyone. While it can be intimidating and frightening to come forward and report the abuse, it can help survivors get closure, regain economical costs, and prevent the offender from committing further crimes (if arrested). Not many sexual assaults are reported out of fear, intimidation, or embarrassment. When sexual assault is reported, a criminal or civil court case can help punish the offender and bring justice to the victim. These cases rely on a number of evidence to prove that the sexual assault occurred.
Medical Records
After a sexual assault occurs, the victim may need medical treatment for wounds, pregnancies, sexually transmitted infections (STIs), mental trauma, and more. These records are excellent for establishing a timeline and proof that the incident occurred. Some medical procedures can be performed with permission of the patient to determine if a sexual assualt occurred; presence of semen or genital injuries can be valuable evidence. All of these records can be used as evidence in a civil or criminal case against a sexual abuser. They also can serve as proof of financial expenses that accrued as a result of the offense.
Witness Statements
There are cases where abuse doesn’t produce much physical evidence. Witnesses can be the difference between a win or a loss under these circumstances. Witnesses include anyone who may have seen or been involved in activities before, during, or after the act. Witnesses do not have to personally know the victim or offender, but they should have been in the area at the time. Sometimes, witnesses can’t or won’t testify. Priest abuse lawyers may have a difficult time finding witnesses who can testify, as other clergy may be sworn to secrecy regarding information given during confession and other sacred activities. In these cases, victims and their teams must do all they can to establish proof and determine if there were other witnesses in the area.
Expert Witness Testimonies
When witnesses or physical evidence aren’t as reliable, attorneys may seek an expert witness to provide a testimony during a case. Expert witnesses are typically professionals in any relevant field whose insight or opinions can strengthen a case. Forensic experts and mental health professionals are some common examples of relevant expert witnesses in a sexual assault case. While these experts typically won’t be personally involved or did not witness the incident themselves, their insight can help prove whether it occurred.
Physical Evidence
A sexual assault often leaves physical evidence behind, such as fingerprints, hair, semen, or other forms of DNA. Law enforcement can collect this evidence to prove that the incident occurred. Attorneys can rely on this evidence in civil or criminal court to point out the offender. DNA evidence is very useful, as it can not only showcase that the event occurred, but also who was involved. Physical evidence is some of the most powerful types of evidence in assault cases.
Police Reports
It’s common for a sexual assault victim to call the police and report the crime. Even if the suspect is not arrested, the police report can provide valuable evidence in court to establish when and where the incident took place. While it is true that anyone can file a police report, officers that made the report can provide insight and testimonies when applicable. Combined with other evidence, police reports are very important.
Digital Evidence
Not all assaults are physical. Some sexual abuse crimes occur over text message, social media, or other types of digital platforms. Police or attorneys can gather text messages, social media content, photos, and videos to prove that sexual crimes occurred. Digital evidence can be just as valuable as physical evidence when it comes to abuse. Experts can determine if photos and videos are authentic, which can be useful for finding the truth in court.
Prior Convictions or Accusations
It’s not uncommon for a sexual abuser to have prior convictions. They may have a criminal background regarding inappropriate conduct. They may also have a record of complaints from other victims during their lifespan. A paper trail of convictions or accusations can provide proof of character and history of such crimes. While this type of evidence on its own cannot prove that an incident occurred, it can make a powerful case against an offender.
Conclusion
If you’re worried there may not be enough physical evidence to prove your or a loved one’s sexual assault occurred, don’t worry. There are many types of evidence that can be used to create a solid, successful case. The best way to fully understand your chances of success is to consult with a qualified attorney. They can go over the facts and evidence of your case and provide confidential guidance regardless of your decision. Most attorneys provide free consultations and some will only take out a fee if you win. An attorney consultation is the first step to finding peace and justice after a crime has occurred.
