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Survivor’s Guide to Preserving Evidence and Protecting Your Rights

Preserving Evidence and Protecting Your Rights
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When someone experiences sexual assault or abuse, the aftermath can feel like a whirlwind of confusion, fear, and disbelief. The first instinct for many survivors is simply to survive to find safety, to breathe, to function.
What most don’t realize in those early moments is that every choice they make can impact their ability to pursue justice later, criminally or civilly.

At Andreozzi + Foote, we want survivors to know this: you still have power. Even after trauma, even after time has passed, you can take steps to preserve your rights, your evidence, and your chance at justice.


1. You Don’t Have to Decide Right Now, Preserve the Evidence You Can

You are not required to report immediately, and no one should pressure you to.
However, preserving potential evidence early, even if you’re unsure what you want to do, keeps your options open.

If you were assaulted recently:

  • Avoid bathing or changing clothes until after a medical exam, if possible.
  • Store clothing or items in a clean paper bag, not plastic (plastic traps moisture and damages DNA).
  • Go to a hospital or crisis center that performs a forensic exam (“rape kit”). You can do this without filing a police report.
  • Ask for an anonymous kit if you aren’t ready to attach your name. These are preserved for a set time in most states, allowing you to decide later.

If your assault happened years ago, don’t assume it’s “too late.” Digital, medical, and testimonial evidence can still be powerful in both civil and criminal cases. 

Your memory is evidence. Your story matters.


2. Keep Documentation Even the Small Details

Trauma can fragment memory. Survivors often remember pieces, smells, sounds, sensations, not linear stories. That’s normal.
Write down what you remember, even if it feels small or out of order. Dates, locations, names, text messages, social media posts, and medical or therapy records can all help establish patterns and corroborate your experience later.

If someone witnessed anything concerning before or after the abuse changes in your behavior, a disclosure, or a suspicious relationship, their testimony may also matter.

You don’t have to be a lawyer or investigator; just capture what you can. Let professionals later determine what’s relevant.


Too often, survivors are told justice only happens in criminal court. The truth?
Civil lawsuits are often the only path to accountability, especially when prosecutors decline to file charges or the statute of limitations has expired.

Civil action can:

  • Hold offenders and the institutions that enabled them financially and publicly accountable.
  • Force organizations, schools, churches, and camps, and employers to change policies and protect others.
  • Provide compensation for therapy, medical care, lost wages, and the pain you’ve endured.

And most importantly, it gives you control over the process.

At Andreozzi + Foote, we have represented survivors nationwide in civil suits against powerful institutions, helping them reclaim their voices and rebuild their lives. We believe survivors deserve justice, no matter how much time has passed.


4. Don’t Believe the Myths About “Too Much Time”

One of the most damaging misconceptions is that if time has passed, “nothing can be done.”
Research shows the average age of disclosure for childhood sexual abuse is 52 years old. Trauma silences people for decades through shame, fear, and manipulation. That’s not your fault.

Thanks to modern forensic technology, trauma-informed interviewing, and evolving laws across the country, many cases can still move forward even years later.
And state-by-state reforms continue to open legal “windows” allowing previously time-barred survivors to file.

The system is changing because survivors are speaking out and being believed.


5. Connect with Trauma-Informed Professionals

When you’re ready to talk, choose attorneys and advocates who understand trauma.
You should never be re-victimized by the process meant to help you.
A trauma-informed attorney will:

  • Listen without judgment.
  • Explain your options clearly.
  • Protect your privacy and emotional well-being.
  • Connect you with counseling and victim-advocacy resources.

You deserve a team that sees your humanity first and your case second.


Empowerment Is a Process, Not a Deadline

No matter where you are in your healing journey, whether you’re still processing what happened or ready to take action, it’s never too late to learn your rights and explore your options.
You are not alone, and you are not powerless.

At Andreozzi + Foote, we stand with survivors. Our attorneys and victim advocates understand what trauma does, how silence protects abusers, and how the law can be used to reclaim your power.

Your voice, story, and justice matter.

Contact us confidentially to learn more about your options. Together, we can hold offenders and institutions accountable — and begin the process of true healing. 1-866-753-5458

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Empowering Survivors and Delivering Justice Nationwide

We understand the courage it takes to reach out for help, and we are here to listen. At Andreozzi + Foote, our trauma-informed attorneys are dedicated to providing compassionate, confidential support every step of the way. With extensive experience in advocating for survivors of sexual abuse, we are committed to creating a safe and supportive environment where your voice is heard and your rights are fiercely protected. Contact us today for a free, in-depth consultation and take the first step toward justice.

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