In the United States, criminal cases involving sexual assault are often challenging to prosecute. It’s one reason why victims hesitate to come forward and hold their perpetrators accountable. However, although convictions require a greater burden of proof, you can and should still pursue legal action.
Our sexual assault attorneys want you to understand the process of proving your sexual assault case. You’ll need to obtain evidence when preparing your civil sexual assault case. This evidence includes anything to help illustrate how the assault occurred. But this article will discuss the key proof you’ll need for your case and why.
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Proving Your Sexual Assault Case with DNA and Physical Evidence From the Crime Scene
Evidence for your sexual assault case includes clothing, bed sheets, and other physical items that can be valuable to your case. These items often contain biological evidence, which can help prove that the assault occurred. Physical evidence can also help you piece together your story. When you call the police, they’ll collect samples from shoe prints, tire tracks, and other markings they find at the scene.
After the assault, you should also avoid showering and changing your clothes because you could destroy valuable DNA evidence. DNA evidence is critical because it confirms that the perpetrator was present at the time of the assault. This type of evidence includes skin cells, body fluids, loose hairs, and fingerprints.
Communications and Digital Evidence Helps to Prove Your Sexual Assault Case
Although there are several reasons why you may not want to speak out if you’re a victim of sexual assault, digital evidence can also be valuable in your sexual assault case. The perpetrator’s social media accounts can establish where they were at the time of the assault. Furthermore, you could save any text messages or other communication between you and the perpetrator for evidentiary reasons, where relevant.
Photographs and Sketches
You may experience several difficulties during your sexual assault case. Police will send the evidence they collect to forensic specialists, who will then document and keep a record of the assault. The people investigating your case will also take pictures of the scene from every possible angle. Different forms of visual evidence are admissible to use in a civil court case.
Investigators and the forensic team will also make sketches of the scene to help establish how the assault occurred. They’ll want to corroborate your experience and piece everything together so that the evidence is clear and complete.
Witness Testimony
There are several things that can qualify as sexual misconduct. People with direct knowledge of what occurred can also help corroborate your story. In some cases, a witness will see the assault taking place, or they’ll see the events leading up to the assault. This testimony could include them witnessing the perpetrator administering drugs to the victim without their knowledge. Witnesses also help establish a timeline for the assault.
Preserving Evidence
Half the battle of holding your perpetrator accountable involves collecting and preserving evidence. Right after the assault occurs, you need to take immediate action by notifying the authorities. Keep in mind that as time passes, it becomes more difficult to collect physical and biological evidence.
Completing a forensic examination will help corroborate your story. You should also seek medical attention immediately and have a doctor treat your injuries. Make sure that you meet with a healthcare provider within 72 hours of the assault.
Our Team of Experts Can Handle Your Sexual Assault Case
Here at HHJ Trial Attorneys, we assist many clients throughout San Diego who’re victims of sexual assault. We leave no stone unturned to pursue criminal or civil action against your perpetrator. To learn more about your rights, feel free to contact our offices today. We can answer any questions you may have about your case.
Testimonial from Michael, Satisfied Client
I would like to give HHJ Trial Attorneys, in particular Elliot Jung, Esq., a heartfelt thank you for your help in resolving my case. Thank you! Mr. Jung was thorough, professional, and stayed with my case long after I had thought it wasn’t possible. I appreciate the dedication and grant my full recommendation. Job well done, thank you again!
