When deciding whether to proceed with a civil sex abuse-assault lawsuit, the victim must consider the chances of success. Whether a civil sex abuse lawsuit will be successful depends on many issues, such as whether the statute of limitations will bar the claim. Learn more about statute of limitations in sex abuse lawsuits in Pennsylvania and New Jersey.
Also, proving the facts of the case is also very important. In civil sex abuse lawsuits, the victim bears the burden of proof. This means proving that the abuse occurred and that the abuse resulted in damages.
Proof of Abuse – Evidence of the Abuse
There are two kinds of evidence, testimonial and physical or documentary evidence. Testimonial evidence is what it sounds like, testimony of an eyewitness or the victim (plaintiff) in the case. Physical or documentary evidence is everything else and often includes:
- pictures/video,
- drawings/diagrams, and
- other written evidence.
In a civil sex abuse-assault lawsuit, not only is the testimonial evidence important, the physical evidence is also important. Physical evidence may include pictures, medical records, and/or school records. The perpetrator in a school or priest sex abuse case may have taken pornographic pictures of the victim. Those pictures may be entered into evidence to show the age of the plaintiff when the abuse occurred.
In addition, medical records or school records may support the victim’s version of events. For instance, after the abuse occurred, the victim may have experienced sudden bouts of severe depression and been treated by a medical professional. Those medical professional’s records would be obtained and made part of the case. Alternatively, the victim’s performance in school may have been affected drastically; a previously straight A student may, after the abuse, suddenly start failing classes. The school records, including report cards, would also be obtained and entered into evidence. These are just some of the kinds of physical or documentary evidence in civil sex abuse cases.
Credibility
Credibility or believability is probably one of the most critical factors in a civil sex abuse lawsuit. Juries in Pennsylvania and New Jersey will focus on the credibility of the victim. Credibility is especially important in cases with little corroborating evidence. This is because like with criminal sex abuse cases, civil cases often boil down to a “he-said-she-said” situation. If there is no corroborating physical evidence, such as witness testimony, the jury is very likely to rely on whether the victim is believable or not.
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More:
- Financial Compensation in Pennsylvania & New Jersey Civil Sexual Abuse & Assault Cases (Part 1) The issue of financial compensation in civil sexual abuse and assault cases such as school sexual assault cases or priest abuse cases is widely misunderstood. When victims of sex abuse or assault seek legal advice, they are often surprised to learn that the conclusion of a case will probably be financial compensation. Below are key questions …
- What to Know About Filing a Pennsylvania Civil Sex Abuse Lawsuit Victims of sex abuse are often very concerned about filing a civil lawsuit. Oftentimes, they want to know how long the case will last and what the ultimate outcome will be. Below are two of the most common questions victims of sex abuse have about filing and resolving civil sex abuse/assault cases in Pennsylvania.