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How To File a Sexual Assault Civil Claim
When filing a sexual assault civil claim, it is important to understand what your burden of proof is as the plaintiff. In a sexual assault civil claim, the burden of proof requires you to prove that the defendant was at fault for causing your damages. The burden of proof in a civil claim is lower than in a criminal trial and does not require you to prove guilt beyond a reasonable doubt; however, you must still provide enough evidence for the judge or jury to believe that there is more likely than not that the defendant was at fault.
Types of Evidence Used to Meet the Burden of Proof
The types of evidence used to meet the burden of proof can vary depending upon the type of sexual assault civil claim being made. Generally speaking, evidence such as witness statements, medical records, or communications between parties can all be used to support your claim. Additionally, expert testimony may be necessary if complex issues are involved with respect to the damages suffered by you as a result of the incident.
The Difference Between Civil and Criminal Proceedings in Sexual Assault Cases
Sexual assault is an abhorrent crime that affects people's lives beyond just physical trauma. The proceedings of a sexual assault case can also be highly distressing, as there is often much at stake for all involved parties. For those affected by such a crime, it is crucial to understand the major differences between civil and criminal proceedings. In criminal cases, the defendant may face fines or imprisonment while civil proceedings provide the victim with an avenue to obtain financial compensation in respect of damages incurred due to the assault. While individuals may bring both criminal and civil legal actions in response to a sexual assault, each requires its own set of procedures and considerations for both survivors and defendants alike. Understanding these distinctions can give those affected by sexual assault greater control over their healing process by facilitating their access to appropriate support from legal services.
How an Experienced Sexual Assault Lawyer Can Help
When filing a sexual assault civil claim, it is important for survivors and their attorneys alike to understand what their burden of proof entails and how they must collect sufficient evidence and witnesses who can corroborate their story so they can meet this burden before a judge or jury. By understanding these concepts, survivors will be better equipped with the knowledge they need when pursuing legal action against their perpetrators. Having this information ahead of time can help ensure survivors get all the appropriate compensation they may deserve -- both financially and emotionally.
If you or a loved one need legal assistance after surviving sexual assault, contact Colorado Sex Abuse Law at (303) 835-9227 to receive a free and confidential consultation with a compassionate legal advocate.