Common Questions About Filing a Sexual Assault Claim

If you’re considering taking legal action after experiencing a sexual assault, you’re not alone, and you deserve to have your questions answered. The Los Angeles sexual assault lawyers at Taylor & Ring are here to answer some of the most common questions people have about filing a claim, so you’ll know what to expect every step of the way.

Q: What evidence do I need to file a sexual assault claim?

Evidence is an important part of your Los Angeles sexual assault claim. The specifics depend on the circumstances of your case, but several types of evidence can support your claim:

• If you sought medical attention after the assault, these records can provide essential details about your injuries and treatment.
• If anyone saw or heard something related to the assault, their testimony could help establish the facts.
• Photos or videos, including images of injuries or footage from area surveillance cameras.
• Any texts, emails, or social media messages that demonstrate a connection between you and the assailant or show threats or admissions can also strengthen your case.
• Your own detailed account of what happened is another vital piece of evidence.

However, don’t worry if you don’t have all of these forms of evidence. Your case will also rely heavily on your testimony, especially when other evidence isn’t available. If you’re unsure about gathering evidence, our Los Angeles sexual assault attorneys can guide you through the process and ensure that everything is documented properly.

Q: How long do I have to file a sexual assault claim?

Here in California, you typically have 10 years from the date of the assault or three years from when you discovered an injury related to the assault to file a claim.

Even if you think too much time has passed, reach out to our attorneys anyway. Exceptions might exist, and recent legal reforms may allow you to pursue justice.

Q: What are the potential outcomes of filing a sexual assault claim?

Filing a sexual assault claim can lead to several outcomes, depending on whether you pursue criminal charges, a civil lawsuit, or both.

In the criminal case, the goal is to hold the perpetrator accountable for the assault through penalties like jail time, probation, or fines. The prosecution must prove the case “beyond a reasonable doubt,” which is a high standard of evidence.

Your civil case focuses on compensation. If your case is successful, you may be awarded damages for things like medical bills, therapy costs, lost wages, and pain and suffering. Many civil cases are resolved through settlements. This can provide closure and financial support without going through a full trial.

You and your lawyer should discuss your goals to determine the best path forward and work to achieve a successful outcome.

Q: What is the role of a lawyer in a Los Angeles sexual assault case?

One of the most important steps you can take when filing a sexual assault claim is to work with an experienced lawyer. Your attorney is your advocate, guide, and protector throughout the legal process. At Taylor & Ring, we can help in a variety of ways:

• Many survivors aren’t aware of their legal rights. Our team ensures you understand all your options and helps you make informed decisions.
• We will collect and organize evidence in order to build a strong and compelling case.
• If your case involves settlement discussions, we will handle negotiations to secure fair compensation on your behalf.
• We also understand how emotionally taxing these cases can be and will support you with dedication and compassion.

Most importantly? We fight to ensure your voice is heard and your case is taken seriously.

Q: Will I have to go to court for my Los Angeles sexual assault case?

Not necessarily. Many civil sexual assault cases are resolved through settlement, which means you won’t need to appear in court.

If your case goes to trial, we will prepare you for the experience and stand by your side the entire time. While testifying can feel overwhelming and frightening, it’s your opportunity to share your story and hold the perpetrator accountable.

In a criminal case, the decision to go to court isn’t yours alone – it’s up to the prosecution. However, you will have a chance to discuss your preferences with them.

Q: What if the perpetrator isn’t convicted in the criminal case?

A criminal conviction isn’t required to pursue a civil case. The burden of proof in civil cases is lower than in criminal cases. For a criminal case, the prosecution must prove guilt beyond a reasonable doubt. In a civil case, you only need to prove that it’s more likely than not that the sexual assault occurred. This is called a “preponderance of the evidence.”

So, even if the perpetrator isn’t convicted in criminal court, you can still hold them financially accountable in civil court.

Q: Is it expensive to hire a sexual assault lawyer?

Most sexual assault lawyers, including Taylor & Ring in Los Angeles, work on a contingency fee basis for civil cases. What this means is that you don’t pay anything upfront – instead, your lawyer takes a percentage of any compensation you receive. If you don’t win your case, you don’t owe legal fees.

For criminal cases, when you’re acting as a witness rather than filing the charges yourself, the prosecutor handles the case at no cost to you.

During your initial consultation, our lawyers will discuss our fee structure, so you know exactly what to expect.

Q: Will filing a claim make my case public?

You might be worried about your privacy during a sexual assault case, and it’s a valid concern. In civil cases, certain details may become public records, but your lawyer can take steps to protect your identity, like requesting to file court papers under a pseudonym.

In criminal cases, prosecutors can take steps to protect your privacy, especially if you request it. You’ll also have the opportunity to discuss your concerns with your lawyer and the prosecution to help ensure your comfort and safety.

Q: How do I get started?

Your first step in filing a sexual assault claim is to schedule a consultation with a dedicated Los Angeles attorney. During this initial meeting, you have the opportunity to share your story, learn about your legal options, and ask any questions you have about the process.

We can help you decide whether to pursue a criminal case, a civil case, or both – and guide you through all the next steps.

If you’re a survivor of sexual assault, you deserve justice and support. Filing a sexual assault claim can be an important step towards holding the perpetrator accountable and securing the compensation you need to heal. At Taylor & Ring, we provide compassionate and skilled legal representation. To get help, please call our office or complete our contact form as soon as possible to schedule a free consultation.