What Evidence Can I Use to Prove Liability in a Civil Sexual Assault Claim in Florida?

Sexual battery is a terrible crime. Victims need justice. As part of the process, they may have a civil claim against the offender and/or a third party whose negligence contributed to the assault. Civil sexual battery claims are fault-based legal cases. Claimants (victims) must be prepared to present strong, compelling evidence that proves the defendant’s liability. Evidence is key whether you are bringing a claim against the perpetrator or a third party. Here, our West Palm Beach sexual assault lawyer highlights the evidence that you can use to establish liability in a civil claim.

Your Personal Account 

Your voice matters. Sexual assault victims should not be silenced by the justice system. Your personal account is a crucial piece of evidence in a civil sexual assault claim. By sharing your story in your own words, you provide a detailed narrative that can help establish the facts of the case.

 Criminal Records

 An act of sexual violence can lead to a serious criminal charge against the responsible party. Any criminal records related to the case—arrest records, the charge itself, and anything that goes out in a criminal court—can be relevant evidence for a civil legal claim.

 Witness Testimony 

Third party witnesses can provide useful information. Witnesses who saw or heard any part of the incident can offer valuable testimony. Their accounts can corroborate your story and provide additional perspectives on what happened.

Medical Records

 Was a sexual assault kit run after the attack? If so, that is evidence of violence. Any medical records that you have that document the assault and its impact on you can be evidence in your claim.

 Electronic Communications 

Texts, emails, and social media messages between you and the other party can serve as important evidence. These communications might reveal admissions, threats, or other relevant information that supports your case.

 Video Surveillance

 In some cases, there may be video footage from security cameras, smartphones, or other recording devices that can provide compelling visual evidence. Video evidence—even if not of the attack itself—can help to confirm details of the incident and support your account.

Note: Civil claims are subject to the preponderance of evidence standard. As explained by the American Bar Association (ABA), preponderance of evidence is effectively a “more likely than not” legal standard. You do not need to prove liability beyond a reasonable doubt to bring a successful civil sexual assault claim in Florida.

Contact Our Florida Sexual Assault Lawyer for Victims Today

At Pike & Lustig, LLP, our Florida civil sexual assault lawyers are compassionate and experienced advocates for justice. We fight for the rights of victims. If you were sexually assaulted, our firm is here to help you navigate all aspects of a civil legal claim—including a claim against any third party. Contact us today for a free, confidential initial consultation. We represent victims throughout South Florida, including in West Palm Beach, Miami, and Fort Lauderdale.

Source:

americanbar.org/groups/public_education/resources/law_related_education_network/how_courts_work/juryinstruct/