Gathering Evidence in a California Sexual Abuse Case: What You Need to Know

It’s no secret that evidence plays a vital role in both criminal and civil cases. If you’re considering legal action after experiencing sexual abuse, you may be particularly curious about the kinds of evidence that might be necessary in your fight for justice and accountability. For many survivors, the thought of revisiting the specifics of a case can feel overwhelming, especially when the abuse happened years ago or went unreported for an extended period of time.

With the right attorney, however, the process of gathering evidence can be seamless and trauma-informed every step of the way. The California sexual abuse attorneys at Taylor & Ring are trained to handle evidence collection with care, sensitivity and strategy so you can focus on your well-being while navigating the legal process. Here’s a brief overview of what evidence collection typically looks like in civil sexual abuse cases and an explanation of the important role a sexual abuse attorney plays in helping leverage evidence into a positive case outcome.

Evidence: Why it matters

It may sound obvious, but evidence is paramount to building a successful case – even in civil court. Evidence helps tell the story of what happened and provides much-needed verification of details that influence decisions about guilt and liability. In civil cases, liability is determined by a “preponderance of the evidence,” meaning the survivor must show it’s more likely than not that the abuse occurred.

This is a lower threshold than in criminal court, where prosecutors must prove guilt “beyond a reasonable doubt,” making civil litigation a viable option for many survivors of sexual abuse who are seeking accountability for the harm they suffered. One of the great things about civil litigation is that civil cases can move forward regardless of whether or not criminal prosecution occurred or was successful. You can file a civil suit whether or not criminal charges are filed by the prosecutor, so that you receive the justice you deserve.

The stronger your evidence, the more likely you will be able to build a strong and successful case for compensation. With the right combination of evidence and legal representation, you can craft a consistent, credible narrative and ensure your voice is heard.

Do I need evidence to schedule a legal consultation?

One of the most common misconceptions survivors have is that they need solid, ready-to-go evidence before even reaching out to a lawyer. That’s simply not true.

You can contact an attorney even if you’re concerned about a lack of evidence in your case. Your legal team can help you identify, locate and obtain documentation and testimony to support your case, and compile all sourced information into a comprehensive case. Experienced attorneys understand that many survivors don’t have all pertinent evidence on-hand at the onset of a case and can guide their clients through the process of legally requesting any information that might play a role in their suit.

Examples of evidence in sexual abuse cases

Each case is unique, and will rely on different kinds of evidence. Generally speaking, however, there are some standard forms of evidence utilized in sexual abuse cases. These commonly include:

1. Survivor testimony: A survivor’s own account of the abuse often serves as the cornerstone of a civil case.
2. Witness statements: Testimony from other people who may have seen, suspected or heard about the abuse can provide critical context and add veracity to survivors’ accounts of sexual abuse.
3. Medical records: Many survivors seek medical care and/or mental health treatment related to their abuse. Medical and mental health records can serve as powerful evidence of the impact of the abuse, and in some cases, may support claims about the timing or effects of the abuse itself.
4. Communications/digital evidence: In some cases, digital communication with the abuser or third parties may support a plaintiff’s claims. This might include messages to or from an abuser, disclosures from the survivor to others or internal communications from institutions that may have known about the abuse.
5. Institutional records: If the abuse occurred in a school, church, camp, hospital or workplace, an attorney may seek internal records that would support a survivor’s claims about the abuse and its timeline. These records may prove particularly vital in cases where it is suspected that a larger institution covered up or enabled a plaintiff’s abuse.
6. Expert witnesses: Experienced attorneys often bring in expert witnesses like psychologists, trauma experts and abuse investigators to add veracity to a survivor’s claims and paint a clear picture of the long-term impact of the abuse they endured.

Together, these forms of evidence help build a compelling case and illustrate both the abuse itself and its lasting impact on the survivor’s life. Comprehensive evidence can not only help the court make determinations about liability in sexual abuse cases but can also help the judge or jury decide how much compensation is appropriate to hold the abuser accountable.

How attorneys collect evidence

After an initial consultation, many sexual abuse attorneys will begin the process of gathering the evidence outlined above. Once you begin working with a sexual abuse attorney, they’ll handle most of the evidence gathering on your behalf. This may include:

• Issuing subpoenas to obtain records from hospitals, schools, mental healthcare facilities, etc.
• Interviewing witnesses
• Sourcing and consulting expert witnesses
• Reviewing documents and timelines
• Preserving and organizing evidence for use in court or settlement negotiations

All of this is done in a way that respects your comfort level and confidentiality. Attorneys have the ability to send formal letters requesting the preservation of evidence that may be relevant to a case and can help clients secure critical records, documents, or communications before they are altered or destroyed.

Even if your abuse took place many years ago, your attorney may still be able to help you locate and collect evidence. Remember: California recently extended the civil statute of limitations. Your attorney can help you determine whether you’re within the statute of limitations to file a case and do their best to help you gather relevant evidence, even if much time has passed.

You don’t have to go it alone

We get it: the thought of gathering evidence and revisiting your trauma can be really scary. Thankfully, you don’t have to bear the burden alone. A skilled California sexual abuse attorney like those at Taylor & Ring can walk you through every step of the process and take the lead on the most burdensome tasks related to evidence collection.

If you’re considering filing a civil claim for sexual abuse, know that you don’t need to have every piece of evidence before speaking to a lawyer. The consultation is just the first step. From there, your attorney can take on the work of gathering and building your case.

Contact Taylor & Ring today to request a free consultation with one of our trauma-informed California sexual abuse attorneys. We are standing by to hear you out, honor your truth and help you heal.