Oftentimes, sexual assault and abuse happen behind closed doors. Many survivors fear that without a witness or concrete evidence, they won't be believed. Suffering physical harm is just the beginning; the fear of not being believed compounds the mental trauma they have already suffered.
If you're one of these survivors, you may think justice isn't possible. Will people believe you if it's your word against his? Cases like yours are called "he said, she said" cases."
In 'he said, she said'sexual assault and abuse cases, the outcome is determined by which account is more credible and reliable based on the totality of the evidence.
This means that the jury will carefully consider all the evidence presented, including witness testimonies, any physical evidence, and the credibility of the parties involved, to make a fair and just decision.
The jury plays a crucial role in assessing all available evidence to determine if the legal burden of proof has been met. They are responsible for carefully considering all the evidence presented and making a fair and just decision based on the facts of the case.
These cases present their own unique challenges, but success is possible. Having a California sexual abuse attorney experienced in 'he said, she said' litigation can provide you with the best chance at holding your abuser accountable. They can help you navigate the legal process, gather and present evidence, and advocate for your rights.
For some survivors, the decision to pursue legal action can be empowering and a significant step in their emotional recovery. It's a way to take back control and hold their abuser accountable, instilling a sense of empowerment and justice.
What Legal Actions are Available to Me?
If you've been sexually assaulted or abused, there are a few legal paths forward: a criminal case, a civil case, or both. Prosecutors decide whether to pursue criminal cases, making their decisions based on the evidence.
Conversely, the choice to sue your abuser in a civil case is yours alone. The focus in a civil case is getting you financial compensation for the physical and emotional suffering you have faced as a result of the abuse.
Even if your abuser is not facing criminal charges, you still have the right to file a civil claim against them. Civil and criminal cases against your abuser can also happen concurrently.
Tipping the Scale in Civil Cases
The standard for tipping the balance depends on whether the case is criminal or civil. In civil cases, such as a personal injury lawsuit, the standard is "preponderance of the evidence."
This means the plaintiff must show that it is more likely than not (more than 50% probable) that the abuse or assault occurred. In other words, you need to convince the jury that your version of events is more believable than the defendant's.
Your abuse is real, and while there might not be overwhelming evidence, you have the truth and some strategies your attorney will use to strengthen your case. There are a few factors that can tip the scale in your favor in your "he said, she said" case.
Criminal cases are different from civil cases; they can be more difficult to get a conviction, and the outcome is focused on the punishment of your abuser.
In a criminal case, the prosecution has the burden of proving that the defendant is guilty beyond a reasonable doubt. Without strong evidence, getting a guilty verdict can be difficult.
Civil cases have a lower burden of proof, making your chance of success higher. As noted above, the standard in these cases is preponderance of the evidence. That simply means it is more likely than not that your abuser is guilty of the allegations of sexual abuse or assault against you.
Because of this difference, a person could be found liable for sexual abuse in a civil court but acquitted of a criminal charge for the same act.
Credibility Matters
In California, the law doesn't require your assault or abuse to be corroborated by other parties for your abuser to be held liable.
Your testimony is evidence, and it can be the most powerful evidence in your case. Your experience and your truth are valid and can carry significant weight in court, reinforcing the importance of your voice and story.
Things you can do to strengthen your credibility include providing a detailed account of the incident and remaining consistent in the accounts of your assault or abuse.
If you delayed reporting and never reported your abuse to the police, explain why, whatever that reason may be, from fear of not being believed to facing stigma.
Supporting Evidence
You might not have eye witnesses, but that doesn't mean there isn't any evidence that can tip the scales in your favor.
This can include medical documentation from a healthcare provider, such as your therapist or physician, who has documented physical or psychological impacts of the abuse.
Communications with your abuser, either before or after the incident, can also shed light on the truth of the events. The court may also allow witness testimony from friends, family, or others familiar with the abuse. This can be relevant if you disclosed the abuse with them and they witnessed concerning behavior or distress afterwards.
Factors That Tip the Balance
In cases where physical or forensic evidence is lacking, the jury must determine who to believe by reviewing testimonial evidence and considering corroborating factors, such as the following:
- Consistency: Consistent and coherent testimony from a victim makes their account more credible. Confusing, disconnected, or contradictory evidence will often weaken it.
- Demeanor: While a victim's demeanor can influence credibility, courts acknowledge that sexual abuse and trauma can cause unpredictable reactions and do not require victims to behave in a predetermined way.
- Delay in reporting: A delay in reporting the sexual abuse is common due to trauma, shame, or fear, and cannot be used to undermine a victim's credibility automatically.
- Motive to lie: Courts will consider whether either party has a motive to be dishonest, such as seeking revenge or gain, or trying to cover up a lie.
Corroborating Evidence
While not always legally required, any evidence that supports a victim's claims can significantly impact the outcome, such as the following:
- Electronic communications: Text messages, emails, or social media posts may provide crucial context, admissions, or threats.
- Witness testimony: Statements from people who may have witnessed relevant behavior or noticed emotional or behavioral changes in the sexual abuse survivor can often corroborate an account.
- Personal journals: Personal diaries or other notes written around the time of the event may help establish a timeline and support the survivor's story and credibility.
- Medical records: Any records documenting physical injuries, sexually transmitted infections, or mental health issues consistent with sexual abuse can be strong, powerful evidence, even if significant time has passed.
- Expert testimony: Psychologists or other experts can explain how trauma affects memory and behavior, which can help explain a victim's seemingly inconsistent or delayed account.
- Prior bad acts: Evidence of a perpetrator's previous misconduct may be admissible to establish a pattern of behavior and rebut a consent defense.
Legal Protections for Survivors
Under California law, survivors of sexual assault and abuse have a few legal protections on their side. First, California's rape shield laws prevent the defense from bringing your past sexual history into the legal proceedings. Your abuser can't use irrelevant sexual information to discredit you in court.
Second, the California Evidence Code allows exceptions to hearsay evidence rules (hearsay statements are those made out of court). For example, if you told a friend of yours about your abuse shortly after it happened, that may be admissible in court.
Lastly, while your past sexual history cannot be admitted, that of your abuser may be. If your abuser has a history of sexual assault or misconduct, your attorney may use this to demonstrate that they have a propensity to commit this type of behavior.
Financial Compensation for Sexual Abuse Survivors
When seeking justice after an act of abuse, understanding the way that the court awards sexual abuse compensation is highly important. There are various terms related to compensation that will be used throughout the process, all of which directly impact the resolution of the case.
Economic damages are those for which a specific dollar value can be assigned and easily calculated, such as lost income, lost future earnings capacity, medical expenses (both past and future), and any other out-of-pocket expenses.
Non-economic damages include all such damages for which a specific dollar figure is hard to calculate. The most recognizable element of general damages is "pain and suffering", which includes mental anguish and loss of the basic enjoyment of life.
If you're a survivor of sexual assault or abuse, you don't have to stay silent. While nothing can undo the trauma you have survived, justice may be possible through financial compensation.
For more information, please contact our California sexual abuse law firm to schedule a confidential consultation. The Injury Justice Law Firm is located in Los Angeles, CA.
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