On This Page
- Types Of Evidence In Sexual Abuse Cases
- Why Evidence Matters In Sexual Abuse Cases
- Special Considerations For Child Sexual Abuse
- How Evidence Is Collected and Preserved
- What To Do If You Don’t Have Physical Evidence
- How Andreozzi + Foote Can Help Build Your Case
- FAQs About Evidence In Sexual Abuse Cases
Survivors of sexual abuse have the legal right to hold the perpetrator and any enabling institutions accountable for the harm they caused, both through criminal charges and civil lawsuits. In both types of cases, evidence can help prove that the abuse occurred, establish the perpetrator’s identity, demonstrate the abuse’s impact, and display how an institution allowed the abuse to occur, if applicable. This evidence can include physical evidence, testimonial evidence, and digital evidence.
Sexual abuse cases are particularly sensitive and complex, and physical evidence of abuse can vanish more quickly than a victim may come to terms with what happened to them. At Andreozzi + Foote, our sexual abuse attorneys support survivors throughout the legal process, combining experience, innovation, and a personal touch to deliver life-changing results for victims and their families.
Types Of Evidence In Sexual Abuse Cases
Several types of evidence can prove useful in a sexual abuse case, whether civil or criminal. The victim’s testimony can provide details about the abuse and insight into the emotional and physical toll it took.
Text messages, emails, or social media posts from the abuser can reveal intent. Police reports, medical records, physical evidence like DNA, and information on prior similar acts by the suspect can all work to prove the abuse occurred.
Other helpful types of evidence in sexual abuse cases include the following:
Physical Evidence
- Forensic medical exams
- Biological evidence, such as semen or hair
- Fingerprints or shoe prints
- Clothing and objects from the time of the incident
- Photographs of injuries
Testimonial Evidence
- Victim’s statements
- Statements from witnesses, friends, family, teachers, or coworkers
- Testimony from experts in the field, such as doctors or therapists
- Defendant’s admissions
Digital and Documentary Evidence
- Text messages, emails, DMs, or social media messages
- Photos, videos, or documents stored on a computer, cell phone, or other electronic device
- Medical records or therapy notes
- School or institutional reports, including disciplinary records
Why Evidence Matters In Sexual Abuse Cases
Many sexual abuse cases lack eyewitnesses or physical evidence, so every type of proof is important. If physical evidence is unavailable in your case, don’t feel discouraged. Many cases succeed solely using other forms of evidence.
Additionally, survivors generally need less comprehensive evidence to be successful in a civil sexual abuse lawsuit than in a criminal case as civil cases have a lower burden of proof. In criminal cases, attorneys must prove the defendant is guilty “beyond a reasonable doubt.” Meanwhile, in civil cases, plaintiffs only need to establish liability by a “preponderance of evidence,” meaning they only need to establish that it is more likely than not that the abuse occurred.
Special Considerations For Child Sexual Abuse
Because many children do not realize they’ve experienced sexual abuse until some time after it occurs, evidence collection can be more complex. If a lawsuit or criminal charges are filed while the victim is still under 18 years old, testimony from the child can provide strong evidence, as can the use of child psychologists in forensic interviews.
Behavioral changes like regression, nightmares, and more can also serve as evidence of sexual abuse in children. If a teacher, pediatrician, or other mandated reporter of child abuse made a report, that documentation and testimony from the reporter can be crucial evidence in civil and criminal proceedings.
How Evidence Is Collected and Preserved
If you report sexual abuse to police, investigators may arrive to examine the crime scene and gather evidence. These officers will collect all items with possible evidentiary value that could provide information about what occurred. Potential evidence can include taking photos, making sketches, collecting prints and biological evidence, and collecting other evidentiary items like discarded clothing, foreign objects, or lubricants.
Because biological evidence can deteriorate quickly and witnesses’ memories fade over time, it’s critical to act quickly in collecting evidence—your legal team can assist with this. After experiencing abuse, do not wash your clothes or delete any messages. Keep all clothing worn during or immediately after the assault in separate bags to be analyzed for evidence later.
What To Do If You Don’t Have Physical Evidence
Physical evidence is not necessary to win a civil sexual abuse case. Many victims do not come forward until the physical evidence has disappeared, especially in cases of childhood sexual abuse. In these cases, attorneys rely on testimony from victims and witnesses and other non-physical evidence to prove abuse. Documenting the timelines of the abuse and your treatment, saving all relevant digital communications, and seeking therapy can create a record that also serves as evidence.
How Andreozzi + Foote Can Help Build Your Case
As one of the nation’s leading law firms representing survivors of sexual abuse, Andreozzi + Foote has successfully litigated some of the highest-profile abuse cases over the last 15 years. Our trauma-informed attorneys focus exclusively on sexual abuse cases, handling each case with compassion and professionalism. We have spent decades thoroughly researching and actively engaging state laws, policies, and procedures nationwide to help survivors build their cases against the institutions that enabled the abuse.
With extensive experience advocating for survivors of sexual abuse, Andreozzi + Foote leaves no stone unturned in uncovering evidence to support victims’ stories. We utilize our legal knowledge and connections with experts to give every survivor the best chance of recovering justice and compensation for their suffering. Even if you aren’t sure if you have enough evidence to file a sexual abuse lawsuit, reach out to Andreozzi + Foote today—you may have more options than you think.
To get started with a free, confidential consultation, call us at 866-311-8640 or fill out our online contact form.
FAQs About Evidence In Sexual Abuse Cases
Can I File A Case If The Abuse Happened Years Ago?
Depending on the state you live in, you may still be able to file a civil sexual abuse lawsuit even if the abuse occurred years or decades ago, especially if it occurred when you were a child. Each state has its own statute of limitations, or filing deadline, for these kinds of cases. An experienced sexual abuse attorney can help you determine the statute of limitations for your particular case and identify all your potential legal options.
Is My Testimony Alone Enough To Win A Case?
Yes, in many instances. In a civil sexual abuse lawsuit, the court will consider credibility and surrounding facts, not just physical evidence. Many cases rely on the strength of testimony and psychological evaluations.
What If I Don’t Remember Everything Clearly?
Many victims have memory gaps, especially in cases where the abuse occurred many years ago. Additionally, experiencing trauma has proven effects on memory. An experienced sexual abuse lawyer will work with experts in the medical and psychological fields to explain any memory gaps to the court.
Do I Need A Police Report?
In civil cases, a police report is not always necessary. However, if you wish to pursue criminal charges, you must report the abuse to police to begin the process.
What Evidence Cannot Be Used in Court?
Under the Federal Rules of Evidence, some forms of evidence are not admissible in civil or criminal proceedings alleging sexual misconduct. For instance, Rule 412 provides that defense attorneys cannot offer evidence to prove that a victim engaged in other sexual behavior unrelated to the case or evidence to prove the victim’s sexual predisposition. This rule aims to protect victims’ privacy and reputations while encouraging them to come forward to seek justice.
