Survivors of sexual assault have the right to pursue accountability outside of the criminal justice system by filing a claim through the Texas civil court system. While these cases may be related, they proceed independently and have some important differences, one of which is the standard of evidence required. So, what evidence is needed for a sexual assault case?
At Fibich, Leebron, Copeland & Briggs, we have decades of experience helping survivors of sexual assault exercise their rights. We understand that you may not have much evidence of the assault, and that you may have some confusion or lapses in memory about what happened. These are all perfectly normal and common among assault survivors, and in a free and confidential consultation, we can help you identify potential evidence and learn more about your options.
Burden of Proof in Sexual Assault Cases
The burden of proof in a civil sexual assault case is lower than in a criminal case. Prosecutors in criminal court must prove an alleged assailant’s guilt beyond a reasonable doubt. In civil court, however, the survivor must prove their claim by a preponderance of the evidence, meaning that it’s more likely than not that the assault occurred. A civil sexual assault lawyer can help gather the evidence necessary to support such a claim.
Evidence Typically Used in Civil Sexual Assault Claims
A variety of types of evidence may be gathered and presented in a Texas civil sexual assault claim, depending on what happened, when the survivor reported it, and what records are available. Some typical forms of evidence in these cases include:
- Medical records from emergency care or follow-up treatment
- A sexual assault forensic exam, also known as a rape kit
- Police reports or records from a criminal investigation related to the sexual abuse
- Text messages, emails, voicemails, social media messages, or call logs
- Photos of injuries, torn clothing, damaged property, or the location where the assault occurred
- Witness statements from people who saw the incident, heard about it firsthand, or noticed changes afterward
- Journal entries, therapy notes, or other dated records describing the assault
- Employment, school, housing, or security records that help establish the timing or location of the assault
What if I Don’t Have Much Evidence?
Various circumstances can make it more challenging for a survivor to have physical evidence to support their claim, including if they didn’t report the assault right away or get a medical exam afterward. However, this doesn’t mean preparing a case is impossible. Because of the lower burden of proof in civil sexual assault claims, evidence like the survivor’s testimony, testimony from loved ones, communications before or after the assault, witness observations, therapy records, or evidence showing changes in their behavior, work, school, or housing may carry greater weight.
If you’re worried you may not have enough evidence, it’s worth reaching out to a Texas civil sexual assault lawyer to discuss your options. Your attorney can review the existing information and determine whether they can obtain other evidence through the legal process. Meeting with a lawyer as soon as possible can also help preserve evidence that might otherwise be lost, especially digital evidence.
Get in Touch with an Experienced Civil Sexual Assault Lawyer
If you experienced a sexual assault, the civil sexual assault attorneys at Fibich, Leebron, Copeland & Briggs are here to guide you through the process of preparing and filing your claim and pursuing the justice and compensation you deserve. Contact us right away to book your free initial consultation.
