At Stewart Miller Simmons Trial Attorneys, we have represented many sexual assault victims as they seek financial compensation for their attack. We have enjoyed great success, winning a $1 billion case based on negligent security. Our Atlanta sexual assault lawyers have established our reputation in this area with unmatched passion and advocacy on behalf of victims.
Many of our clients are initially unaware they could bring civil claims against their abuser. A civil suit is beneficial, because the standard of proof is lower, and you can bring one even if the state doesn’t press criminal charges. However, a sex assault case is often complicated, especially due to a lack of witnesses.
Most assaults do not happen in public. Instead, children are molested in school room closets or workers are assaulted in empty conference rooms. And many rape victims are attacked in their apartments or homes with no one else present but their attacker.
With no witnesses, how do you prove the assault happened? Can you still win a sexual assault case with no witnesses? Based on our experience, the following evidence is helpful.
Rape Kits
After a sexual assault, you should go to the nearest hospital for a rape kit. This kit collects fluids, hairs, and fibers from your body and can help identify your assailant. For example, DNA can be extracted from semen and entered into a database. If the assailant is found, then the police might get a warrant to take a blood sample and establish a match.
Going to the hospital for a rape kit is an important step. This kit is critical if you do not know your assailant, since DNA or hairs could identify them. Physical evidence plays an important role in both criminal and civil cases.
Of course, the defendant will probably claim any sexual contact was consensual and explain away semen or hairs that way. Nonetheless, a rape kit forces your abuser to change their story. Typically, the first defense is “nothing happened.” And then the presence of semen evidence surfaces, in which case the defense shifts to “they consented.”
Pictures of Your Physical Injuries
You should immediately take photos of any scrapes, cuts, bruises, or other marks on your body. These help us establish that you suffered a brutal assault. Try to get pictures before the injuries begin to heal. You can use your phone if you don’t want anyone else to see you in this condition.
Security Video
Even if the video doesn’t capture the attack, it might show you trying to flee from your assailant, or it shows your assailant arriving at the scene. There are cases where a woman is assaulted in a hotel room, and security footage shows her trying to run away before her abusers drag her back inside. Any type of video footage is often helpful.
You might be in no condition to search for this footage, which is okay. Contact an experienced Atlanta sexual assault lawyer who can begin to find evidence for you.
Witnesses After the Fact
Although probably no one observed the assault, they might have spoken to you immediately after. We might use their testimony to show you suffered a traumatic experience or are badly shaken:
- Did you immediately call a friend or a family member and tell them something happened? We could use this evidence.
- Did someone see you immediately after the assault and see you crying or acting shell shocked? This type of testimony can help us establish that something shocking happened.
- Did your behaviors change in certain ways in the weeks following an assault? For example, you might start showering constantly or you stop eating. We might use this evidence to show the effects of the assault on your mental state.
These witnesses might testify on your behalf. Although they can’t say they saw the defendant assault you, they can note your behavior after the incident. It’s up to a jury to connect the dots and realize a sexual assault is the reason you suddenly acted differently.
The Police
Some survivors are so shaken they don’t even think to call the police. Maybe you know your attacker and fear what will happen if you report the assault. That hesitancy is understandable.
However, going to the police soon after the attack does support your story of what happened. Conversely, waiting too long will look suspicious.
If you reported the assault, we can interview the intake officer, seek a copy of the police report, and use this evidence to support your case.
Text Messages or Emails
Your assailant might have sent text messages or other electronic communications to you, possibly threatening you to keep silent or possibly even pretending to apologize. Alternatively, the assailant’s friend or family member might have reached out.
Save these communications. We can use them in support of your claim that something happened.
Your Own Testimony of the Event
Your own testimony is powerful, and we don’t want anyone to think differently. Some assault victims assume no one will believe them, but that isn’t true. Many people are open-minded and will listen to your story carefully, paying attention to things like your sincerity and the amount of detail you provide.
Nonetheless, it’s true that not everyone will believe you. In fact, more than a few will be critical if you have no supporting evidence or if you waited to go to the police.
Furthermore, the defendant will also get a chance to tell his story. Unsurprisingly, many sexual assault cases turn into dueling stories which are dramatically different. You might recall being given alcohol and then assaulted in your apartment even after saying, “no.” By contrast, your assailant will claim you never objected and were a willing participant.
The more supporting evidence we can find that backs up your version of events, the better. We always look to find ways to bolster our client’s credibility.
Speak with an Atlanta Sexual Assault Lawyer Today
Sexual assault civil cases are among the best ways to seek accountability after an assault. Instead of waiting for the criminal justice system to swing into gear, you can reach out to our law firm to discuss whether to bring a legal claim. We have won settlements for many people over the years. Call (404) 529-3476 to schedule a consultation.