How to Prove Sexual Assault
Sexual assault attorney Michael Lamonsoff and his legal team will obtain compelling evidence, such as a copy of the police report, medical records, therapy and counseling records, forensic evidence, witness accounts, proof of any communication with the defendant, and any other possible evidence to meet the burden of proof and ensure that the defendant is held liable for damages.
Preponderance of the Evidence
In New York sexual assault civil cases, the courts use a standard called the “preponderance of the evidence” to evaluate the burden of proof. This primarily means that the survivor's attorney was able to present sufficient evidence before a judge or jury to convince them that there is more than 50% probability that the survivor's claim is truthful.
In other words, it’s more likely than not that the plaintiff (survivor) suffered sexual abuse or sexual assault from the defendant. It’s fundamental to remember that even if you have not filed a criminal lawsuit (where the burden of proof is higher) you can still sue the defendant in a civil case for financial compensation.
Types of Evidence to Meet the Burden of Proof
As soon as you are ready to pursue a civil case for compensation against the sexual assaulter in New York, leading sexual abuse attorney Michael S. Lamonsoff, Esq. and his legal team will immediately swing into action to gather all possible evidence and build a compelling case for compensation in your favor. The most essential forms of evidence we will aim to collect to successfully hold the sexual offender liable for their actions may include:
If you suffered rape or another form of physical sexual assault and have contacted the Law Offices of Attorney Michael S. Lamonsoff, Esq. early enough, we can move fast to collect forensic evidence, such as DNA from the scene of sexual assault as well as from your body, clothing, and personal belongings.
In New York, DNA evidence in these cases must be collected usually within 72 hours for lab analysis, but a forensic exam in case of sexual assault may also reveal other types of evidence, which can be used well beyond this time limit.
Many sexual assault or abuse survivors avoid seeking professional medical care after an attack. But attorney Lamonsoff advises survivors to seek medical attention if they initially feel that their physical injuries are minor. Sometimes more serious symptoms (including sexually transmitted diseases and mental health symptoms) may manifest only later.
Medical evidence recorded soon after the incident can serve as powerful evidence to support the civil case, but not having medical records does not adversely affect your case. In absence of medical records, attorney Lamonsoff will deploy other legal strategies and evidence to meet the burden of proof against the perpetrator.
Counseling and Therapy Records
It’s best to seek professional counseling from a qualified mental health practitioner or a license therapist who is trained to help in the healing of sexual assault survivors. Even if the incident took place years or decades ago, attorney Lamonsoff can help you get access to therapy records that could support your claim.
In case you feel uncomfortable accessing these records and wish to preserve your privacy, attorney Lamonsoff and his team will completely understand your position and find other ways to meet the burden of proof.
Any record of communication between the sexual assault survivor and the perpetrator has the potential to prove the defendant’s fault. In many cases, the sexual predators are known to the victims or have deceitfully earned their trust, resulting in some communication.
If any record of communication is available in the form of text messages, emails, letters, social media comments, or audio/video communication, attorney Lamonsoff may be able to use it to prove the defendant’s fault.
In sexual assault civil litigation in New York, witnesses can often play a vital role in helping meet the victim’s burden of proof. All that is required in these cases is to convince a judge or jury that it is more likely than not that you were sexually assaulted by the defendant.
If a potential witness even has some knowledge of the incident, they can be an invaluable contributor to meeting the burden of proof. If you shared your traumatic experience with a loved one, a trusted friend, a co-worker, or a teacher, or they were an eyewitness to the incident (it could even be a stranger), Mr. Lamonsoff and his team can use the witness account to prove the assaulter’s fault – as long as the witness is willing to attest to your claim.
Choose an Aggressive and Accomplished Sexual Abuse Accident Lawyer to Fight for You
Led by award-winning sexual-abuse litigator “The Bull” Michael S. Lamonsoff, our team has received more than 500 million dollars in settlements and jury awards over the years. We can help you get the justice you deserve. Call us today at 212-962-1020 or get in touch with us online and schedule a free consultation with a top-rated sexual abuse lawyer.