The Role of Evidence in Sexual Abuse Cases: Collecting and Preserving Proof
Most people who commit sexual assault, sexual harassment, or sexual abuse against adults or minors do not receive criminal penalties, and most do not even receive criminal charges. Criminal laws are designed to prevent wrongful convictions so that innocent people do not get punished for crimes they did not commit. A criminal court can only convict a defendant if he or she pleads guilty to the charges or if 12 jurors vote unanimously to find the defendant guilty. Before the jury enters the deliberation room, the judge instructs them that they should not convict the defendant unless they are sure, beyond a reasonable doubt, that the defendant committed the crime.
In many of these cases, there is evidence that the defendant committed the crime, but the evidence is not enough to convict the defendant; therefore, the court drops the charges early on or does not pursue charges at all. The standard of sexual abuse evidence is lower in civil cases, where the court can order the defendant to pay monetary damages if it rules against him or her but cannot order a prison sentence or record a conviction on the defendant’s record. Therefore, the chances that someone who commits sexual abuse will face a civil lawsuit and that the plaintiff will prevail are greater than the chances that the defendant will face criminal charges. A Whittier sexual abuse claims lawyer can help you present compelling sexual abuse evidence so that you can get justice in your sexual abuse case.
The Role of Evidence in Civil Lawsuits
At a civil trial, the plaintiff presents evidence to support their claims, and the defendant presents evidence to cast doubt on the plaintiff’s claims. Some civil trials have a jury, but in others, the judge decides the case in favor of the plaintiff or the defendant. The plaintiff can win the case if they show that there is a preponderance of the evidence that their claims are true. A preponderance of the evidence means that it is more likely than not that the plaintiff’s claims are true.
Plaintiffs and defendants can present evidence in the form of documents, audio recordings, or video footage. They can also summon witnesses to testify in court about events they witnessed. The parties might also summon expert witnesses who did not directly witness events related to the case and have never met the parties but who can use their professional expertise to interpret the evidence to support the claims of the plaintiff or defendant. Besides testifying in court, witnesses may submit written statements known as affidavits, or they can sit for depositions. A deposition is a meeting where the witness takes an oath like he or she would do at trial, and the lawyers for the plaintiff and defendant ask the witness questions.
As in criminal trials, there is sometimes controversy in civil cases about whether certain pieces of evidence are relevant or whether they were obtained legally. Plaintiffs and defendants in civil lawsuits have the right to petition the court to include or exclude certain pieces of evidence from the trial.
Likewise, the parties must show each other the evidence they plan to present at trial. Sometimes, after seeing the strength of your evidence, the defendant will agree to pay you some or all of the damages you are seeking. Therefore, most civil lawsuits do not reach the trial stage and are resolved through settlements.
Which Evidence Should You Use to Prove Your Claim About Sexual Abuse That Happened Years Ago?
California’s new statute of limitations for sexual abuse claims makes it possible for plaintiffs to file lawsuits about incidents of sexual abuse that took place decades earlier. It may be difficult to find medical records from that long ago, and people who had a close enough relationship with the victim to notice changes in his or her behavior may have died. It may take a lot of investigative work by your lawyer to find enough evidence to persuade the jury that there is a preponderance of the evidence. As with other kinds of cases, the strength of your case rests on your lawyer’s interpretation of physical evidence, documents, and witness testimony.
Contact the Law Offices of Omar Gastelum About Sexual Abuse Lawsuits
An estate planning attorney can help you gather sufficient evidence, such as documents and witness testimony, to prevail in your sexual abuse claim. Contact the Law Offices of Omar Gastelum and Associates APLC in Whittier, California, to set up a consultation.
A Whittier sexual abuse claims lawyer can help you show a preponderance of the evidence about your claims at trial.
