When pursuing a civil lawsuit after suffering sexual abuse, it may be necessary to testify about the abuse to build a strong case and hold your abuser accountable. However, that does not necessarily mean you will have to recount the abuse in front of a crowded courtroom. In many cases, you will be able to give a sworn deposition on camera before going to court.
The testimony of a sexual abuse survivor can be very powerful, and attempting to recover compensation without a survivor’s account will likely be challenging. At the same time, it is important to protect survivors from further trauma, which is why your Los Angeles sexual abuse lawyer may explore alternatives to live courtroom testimony, such as depositions, when appropriate.
Testifying in a Civil Sexual Abuse Case
In a civil sexual abuse case, the personal account of the survivor is often the most compelling evidence available. This is especially true in cases where the abuse happened years ago and little or no forensic proof remains.
When physical evidence supporting your abuse claim is limited or nonexistent, the case frequently depends on your testimony and the testimony of any others who suffered sexual abuse from the same abuser, along with any witnesses who observed the abuse taking place.
If your abuser is facing criminal charges for sexual abuse, the court can compel you to provide testimony. While this isn’t the case in a civil lawsuit, where testifying is your choice, your attorney will likely still encourage you to tell your story as part of building a strong case. You can give your testimony by:
- Providing a written or recorded statement
- Answering questions under oath in a deposition
- Testifying at trial
A civil sexual abuse lawsuit is supposed to be about empowering survivors, not retraumatizing them. Whether you’re the plaintiff or someone who can provide supporting testimony, it’s important to have a lawyer who approaches this process with care and compassion.
You’ll never be pushed to share more about your experience than you’re ready to provide, and we’ll prepare you every step of the way.
It’s important to note that the majority of civil sexual abuse cases end up settling out of court. In this case, you will not have to worry about testifying in front of a judge or a jury. However, providing compelling recorded testimony may compel the defense to agree to a more favorable settlement deal.
What Happens If You Testify in a Civil Sexual Abuse Case?
If you’re asked to testify or participate in a deposition, you’ll be doing so under oath, and your primary responsibility is to tell the truth. Your sexual abuse attorney will guide you through this process and prepare you thoroughly in advance.
Some of the details about your experience that you will likely be asked to provide include:
- What happened to you
- Where and when the abuse occurred
- Who else was present
- Whether there were multiple instances of abuse, and how often they occurred
- Whether and when you reported the abuse
- If you believe others were also abused in the same manner
In addition to preparing you for the questions your lawyer plans to ask, they will also help ensure you are ready for any questions from your abuser’s legal defense team. This preparation may include conducting a mock trial situation where your lawyer asks you questions that are likely to be asked by the defense.
During cross-examination, the defense may also ask about your background and how the abuse has affected your life. During questioning, your attorney will be there to protect you, object to inappropriate questions, and help ensure the process remains focused and respectful.
Other Evidence That Can Be Used in a Civil Sexual Abuse Case
In addition to your testimony, there may be several other key pieces of evidence available that support your claim and put you in a position to hold your abuser accountable and recover fair compensation. You need to remember that every case is different, and the available evidence depends on several factors. Some of the evidence most commonly available includes:
- A rape kit was collected in the hours or days following your abuse
- Video footage
- Physical evidence
- Witness accounts
- Supporting testimony from other known or potential survivors
Whether you are coming forward hours or decades after the abuse, we understand how difficult it can be to take the necessary steps to pursue a claim. If a significant amount of time has passed, your personal testimony becomes even more important.
When forensic evidence is no longer available, your words, your experience, and your truth become the foundation of the case.
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How a Civil Sexual Abuse Lawyer Can Support You
When you take legal action against your abuser or an institution that enabled the abuse, a dedicated sexual abuse attorney can play a vital role in every part of the process. Your lawyer can handle every legal procedure, and you don’t have to get any more involved in the process than you desire.
Some of the steps your attorney can take in support of your claim include:
- Handling all communication with the opposing side
- Keeping your identity confidential when possible
- Addressing all your questions and concerns
- Building a strong case with supporting evidence
- Negotiating for a fair settlement
- Representing your best interests if the case goes to trial
Obtaining justice after enduring sexual abuse isn’t just about recovering compensation. It’s also about healing and helping ensure others don’t suffer the same harm that you endured.
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Get Help From an Experienced Sexual Abuse Attorney Today
At Arias Sanguinetti, we understand that you may be reluctant to testify about your experience in a courtroom. Above all, we are committed to supporting your well-being and protecting you from situations where you don’t feel comfortable as we pursue your claim. We will present you with alternative options that don’t harm the strength of your case.
With over 300 years of combined experience and more than $1.5 billion recovered for our clients, we understand how to handle these cases and help ensure a favorable outcome. Reach out to us by phone or through our website to schedule your free case review today.
Call or text 310-844-9696 or complete a Free Case Evaluation form
