A lawyer’s role in collecting evidence for sexual abuse cases is paramount. Not only do they understand the legalities, but they can also provide survivors with the support and courage necessary to seek justice against their abusers.

A seasoned attorney understands the sensitive and complex nature of these cases as well as the legal procedures necessary to seek justice for their client. At Grossman Law Offices, we always provide an active and engaged role in collecting the evidence you need. 

A Texas Lawyer’s Role in Sexual Abuse Evidence Collection 

A skilled, knowledgeable, and thorough lawyer can be crucial to a successful case. In a sexual abuse case, there are many different types of evidence that you can use to prove your case. 

A lawyer can be vital in helping you identify, gather, and utilize potential evidence during negotiation or trial to support and prove your case. 

Below, we discuss various types of evidence that your lawyer will play a part in obtaining.

Testimonial Evidence

Testimonial evidence can be one of the most significant and compelling types of evidence in a sexual abuse proceeding. Testimonial evidence can come from many sources, including the survivor, eyewitnesses who may have seen abuse taking place, and any person who might have observed the physical and emotional aftermath of the victim. Testimonial evidence can come from lay witnesses (i.e., ordinary, non-expert witnesses) or experts, including doctors and medical professionals, psychologists, counselors, support groups, and anyone who can testify to the abuse's impact. 

Physical Evidence

Physical evidence can also include an array of materials. Often, physical evidence in a sexual abuse case will consist of forensic evidence such as DNA samples and other materials like fibers and debris collected after the attack. Physical evidence can also include medical records, photographs, or other documents that show the abuse. 

Digital Communication

Almost as critical as physical and testimonial evidence is electronic or digital evidence. Given most people’s substantial online presence, there can be a plethora of electronic evidence for your sexual abuse civil lawsuit. Electronic evidence can include the following:

• Call logs,
• Text messages,
• Emails,
• Social media posts,
• Social media messages,
• Internet search history, and 
• Any other digital or electronic communication that might be relevant. 

Electronic evidence can be compelling and convincing. What people do and say online often epitomizes their true intentions, thoughts, and motives. 

Other Types of Evidence

Importantly, your attorney will seek to find other forms of corroborating evidence. Corroborating evidence is any evidence that supports the sexual abuse survivor’s account. This can include documentation and verbal statements. Strong corroborating evidence can also include behavioral evidence to show mood, performance, and mental state changes. Examples of additional corroborating evidence can include:

• Police reports,
• Journal or diary entries,
• Counseling notes from school or other places,
• Work records (e.g., sudden tardiness or absences),
• Statements from family, friends, and co-workers, and
• Any other evidence may align with the survivor’s account of what transpired. 

Remember, each case is unique, so you may have some, none, or all of this evidence. The quality of your evidence is often more important than the quantity, and with the help of an experienced attorney, you can successfully prove your case. 

Burden of Proof in Civil Sexual Abuse Actions

You contacted a lawyer and gathered an abundance of evidence; now what? Now, it is time to use this evidence to prove your case. Whether there was a criminal trial for the perpetrator or not, you have the right to bring a civil lawsuit for damages against your abuser and anyone else who might be liable for what happened to you.

Even if there was a criminal case but no conviction, you can still have a successful civil case because the burden of proof is lower. Unlike a criminal trial in which the prosecution must prove beyond a reasonable doubt that the accused is guilty of the crime charged, the plaintiff must only prove their case by a preponderance of the evidence in a civil proceeding. In other words, you must show, more likely than not, that the sexual abuse occurred. 

Related: A Victim’s Guide to Sexual Assault Civil Lawsuits in Texas

Steps to Gathering This Necessary and Relevant Evidence

Some evidence may be readily available when you first meet with your attorney. For instance, it is likely that physical evidence, such as DNA samples and fibers, as well as a sexual assault kit, have already been collected. 

Other forms of evidence, such as emails, records, and call logs, likely exist but have yet to be collected. This evidence must almost always be requested or subpoenaed. During a civil proceeding, there are several steps or stages to discovery. Typically, the parties begin with paper discovery, such as interrogatories and document production. From there, the parties might conduct depositions in which parties, witnesses, and experts might be subpoenaed to verbally testify under oath about their knowledge relating to the abuse. 

Your lawyer will help you with these legal procedures, and more importantly, once evidence is in hand, your lawyer will know how to use it to see your case through to success.

Texas Civil Sexual Abuse Attorneys

At Grossman Law Offices, we provide compassionate yet aggressive representation for sexual abuse survivors in civil cases. Over the last 30 years, we have received numerous awards and accolades, including recognition by Texas Lawyer Magazine and Thomson Reuters for our excellent service to our clients. Contact us today to see what role we can play in your case.