Sexual assault directly affects nearly one in five women in the United States. These serious crimes – including rape and sexual battery – can have an array of devastating consequences for survivors. While criminal prosecution is one avenue for seeking justice, proving sexual assault through civil litigation offers another important path for holding perpetrators accountable while awarding survivors financial compensation.
This guide will explore the key aspects of building a strong civil case for sexual assault, including the types of evidence used, the burden of proof required, and how survivors in California can now pursue justice even years after a crime occurred.
One of the most significant differences between criminal and civil sexual assault cases is the burden of proof required. In civil cases, the standard is known as “preponderance of evidence,” which is considerably lower than the “beyond a reasonable doubt” standard used in criminal proceedings.
Evidence Standards in Sexual Assault Cases
To meet the preponderance of evidence standard, plaintiffs must show that it is more likely than not (i.e., at least 51% certain) that the sexual assault occurred. In other words, if a jury believes that it is just 51% likely that your perpetrator committed sexual assault, your case could lead to a damages award. This lower threshold can make it easier for survivors to prove their cases and obtain justice, even in situations where criminal charges may not have been filed or failed to result in a successful conviction.
The different standards of proof explain why some sexual assault cases may succeed in civil court even when criminal charges are not pursued or result in acquittal. Civil cases focus on compensating survivors financially rather than punishing perpetrators, allowing for a broader range of evidence to be presented and a more holistic examination of the circumstances surrounding the assault to occur.
Building a strong civil sexual assault case requires gathering and presenting compelling evidence. Here are some of the most important types of evidence commonly used in sexual assault civil cases:
A) Physical Evidence
B) Medical Records and Forensic Tests
Medical documentation can provide crucial support for a civil sexual assault claim. This may include:
C) Photographic and Video Evidence
Visual evidence can be powerful in supporting a survivor’s claim. This might include:
D) Electronic Communications
Any electronic communication between the survivor and the perpetrator can be used as key evidence to support your civil lawsuit. Additionally, any electronic communication between you and a third party discussing the sexual assault can also be critical. This may include:
E) Witness Statements and Defendant Admissions
Testimony from witnesses or admissions by the defendant can significantly strengthen a civil sexual assault case. Examples include:
F) Psychological Evaluations and Therapy Records
Mental health evidence can demonstrate the emotional and psychological impact experienced by the survivor after the assault. Examples may include:
G) Workplace Communications and HR Records
In cases of workplace sexual assault, additional evidence may include:
H) Testimony of the Survivor
As a survivor, your direct testimony can be a critical piece of evidence submitted in your civil case. By recounting any available details of the assault, your testimony can provide insight into the circumstances and the emotional and physical impact you endured.
I) Expert Witness Testimony
Expert witnesses in sexual assault civil lawsuits might include psychologists or counselors who are able to provide insight into the impact the sexual assault or abuse had on you (as well as the typical reactions experienced by survivors according to their research and data).
J) Police Reports
Police reports can propel criminal investigations and, once concluded, that official report can become part of the evidence presented in your civil claim.
K) Character Witnesses
This types of witness can attest to your character and give context to help convey your personal history from a third-party perspective.
Challenges in Proving Sexual Assault Civil Cases Years After the Incident Occurred
While it’s ideal to gather evidence immediately after a sexual assault occurs, many survivors may not be ready or able to pursue legal action right away. Fortunately, though it may present some unique challenges, it’s still possible to build a strong civil case even years after the incident.
California recently extended the statute of limitations for adult sexual assault cases, giving survivors more time to come forward and file claims. As of 2024, survivors whose crimes occurred as adults have a three-year window to file claims for sexual assault crimes occurring after 2009. This important deadline extension – known as AB 2777 – recognizes the complex nature of sexual trauma and allows survivors more time to process their experiences and seek justice. Through the end of 2026, you may file your California sexual assault civil lawsuit for a crime occurring after 2009.
For child sexual abuse cases, California passed a landmark law – AB 452 or the Justice for Survivors of Child Sexual Abuse Bill – which eliminated the statute of limitations for all claims filed beginning in 2024 and into the future. Survivors of California childhood sexual abuse are no longer bound by a deadline when it comes to filing a civil claim. However, AB 452 does not apply retroactively to crimes which occurred before 2024.
For those cases, child sex abuse victims typically have until their 40th birthday or within five years of discovering a psychological injury like PTSD.
Importance of Hiring the Best Los Angeles Sexual Assault Lawyers
When handling sexual assault cases, the expertise and experience of the attorney you choose becomes invaluable. At Dordulian Law Group, our Los Angeles sexual assault lawyers have the:
… ensuring that when we take your case, we will:
Our Investigative Techniques for Uncovering Evidence in Older Cases
Our skilled sexual assault attorneys work with our in-house Chief Investigator, Moses Castillo, by launching investigations into all cases. Castillo, a retired LAPD sex crimes detective with over 30 years’ experience, employs various techniques to gather evidence (including for older sexual assault cases):
The Role of Criminal Cases in Civil Sexual Assault Lawsuits
While criminal and civil sexual assault cases are separate legal proceedings, they can often intersect. Understanding how these two types of cases interact can be helpful for survivors when considering their legal options.
How Evidence from Criminal Investigations Can Be Used in Civil Cases
Evidence gathered during a criminal investigation can often be valuable in building a civil case. This may include:
Filing a Civil Lawsuit Without a Criminal Conviction
It’s important to note that a criminal conviction is not necessary to file or win a civil sexual assault lawsuit. Many survivors choose to pursue civil cases even when criminal charges are never brought or do not result in a conviction. In fact, the lower burden of proof in civil cases can make it easier to achieve a favorable outcome. Survivors are often victorious in civil court despite a criminal case not being pursued or resulting in acquittal.
Potential Benefits of Pursuing Both Criminal and Civil Cases
While not always possible or desirable, pursuing both criminal and civil cases can offer several advantages:
The combination of both types of cases can send a strong message to your perpetrator about the heinous nature of sexual assault.
One of the primary goals of civil sexual assault lawsuits is to provide compensation for survivors. Understanding the types of damages available and how they are calculated can help survivors and their attorneys build stronger cases.
Civil cases may result in various types of compensation for you as a survivor, including:
How Evidence Supports Claims for Compensation
The evidence presented in a civil sexual assault case not only help prove that the assault occurred, but it can also illustrate the impact on the survivor’s life. This can include:
Long-term Impact Considerations When Calculating Damages in Sexual Assault Cases
When calculating damages in a civil sexual assault case, it’s crucial to consider the long-term impact the crime has on the survivor. This may include:
By thoroughly documenting and presenting evidence of these long-term impacts, survivors and their attorneys can seek fair and comprehensive compensation that truly reflects the harm caused by the assault.
Proving sexual assault in civil court requires a strategic approach – thorough evidence gathering and an understanding of the unique legal standards involved. While the process can be challenging, especially for older cases, it offers an important avenue for survivors to seek justice and secure compensation. By working with Dordulian Law Group’s experienced attorneys and leveraging all available evidence, survivors can build strong cases that hold perpetrators accountable and support their own healing and recovery.
Yes, you can still file a civil lawsuit even if the criminal case was dismissed or resulted in an acquittal. The burden of proof is lower in civil cases, so you may still be able to prove your case and receive compensation, regardless of what happened in any criminal proceedings.
As of 2024, California law allows survivors a three-year window to file claims for adult sexual assault crimes occurring after 2009. However, most cases are bound to a 10-year statute of limitations, meaning you have 10 years from when the sexual assault occurred to pursue your claim. It’s important to note that you may also have an exception if a psychological injury like PTSD was discovered, so it’s best to consult with a Los Angeles sexual assault attorney from Dordulian Law Group as soon as possible to understand your options.
While physical evidence can be helpful, it’s not always necessary to prove a civil sexual assault case. Other types of evidence, such as witness testimony, psychological evaluations, and circumstantial evidence, can also be used to build you a strong case.
The amount of compensation awarded in sexual assault civil lawsuits can vary widely. The value of a damages award often correlates with specifics unique to each case. Factors that can influence the amount you recover for your claim may include the severity of the assault, its impact on your life, and the strength of the evidence. An experienced attorney from D Law Group can help you understand what to expect in your specific situation.
While it’s possible that you may need to testify in court, many civil cases are settled out of court. Our sexual assault attorneys will work to minimize your direct contact with the defendant and explore options like video testimony or protective orders to make the process less stressful for you. We are here to provide support and fight tirelessly on your behalf, and we will do everything in our power to shield you from further trauma.
Contact Dordulian Law Group’s Los Angeles sexual assault attorneys today for a free and confidential consultation by calling 866-GO-SEE-SAM. D Law Group is a nationally-recognized sexual assault firm led by former sex crimes prosecutor Sam Dordulian. With more than 25 years’ experience and over $200 million recovered in settlements and verdicts for clients, Dordulian provides survivors with peace of mind and confidence throughout every step of the legal process. At D Law Group, we’re here to listen, to believe, to support, and to fight tirelessly for justice on behalf of all survivors.
Our Sexual Assault Justice Experts are here to help survivors secure justice. Contact our top-rated attorneys online or by phone for a free consultation today.
Reach out to a dedicated member of our unique and all-encompassing SAJE Team support network today by calling 866-GO-SEE-SAM.
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