The legal system takes many types of evidence into account when proving a sexual assault or abuse case.
Santa Clara, CASexual abuse, includes many forms of sexual abuse--whether priest sexual abuse or by figures of authority, workplace or personal relationship abuse, and refers to much more than just the tragic occurrence of rape. It can involve coercion, threats, inappropriate behavior, indecent exposure, drugs, and more.
All cases are different, and some forms of sexual abuse or harassment may not have a lot of physical evidence, such as verbal threats, coercion, or spoken comments. Thankfully, the legal system takes many types of evidence into account when proving a sexual assault or abuse case occurred. If you’re unsure what counts as evidence, you can learn the many common forms of evidence as a start. However, this list isn’t exhaustive; many forms of evidence exist and can be considered.
Physical Injuries or Conditions
When it comes to physical attacks involving sexual abuse, there are often physical injuries when survivors try to resist. Common injuries include bruises, cuts, strangulation, pregnancies, and sexually transmitted diseases. If you’ve experienced a sexual assault that results in injury, it’s important to seek medical treatment to alleviate pain and treat any sexually transmitted conditions.
Healthcare professionals can also perform a sexual assault exam with your consent to determine if there is any forensic evidence involved. Medical treatment also establishes an official written record of symptoms and injuries that can serve as valuable evidence in court.
Sexual Substances and Supplies
When physical sexual abuse occurs, there may be evidence left over, such as hair, contraceptives, semen, or other sexual fluids. Medical and forensic professionals may obtain your consent to examine and collect this evidence if it remains on your person. They may also visit the scene where the assault took place to find any environmental evidence as well. This type of evidence is very useful in proving sexual assault in a criminal or civil lawsuit.
Correspondence
Many forms of correspondence exist in today’s digital age, from direct messages on social media to Snapchat photos. If inappropriate sexual comments, threats, media, or coercion takes place in such correspondence, it can be used as evidence that the assault occurred. Many websites or online sources can help abusers obtain harmful child abuse material; messages and internet history can help serve as evidence as well. Any type of correspondence can be considered, even if an abuser sends a physical letter through the post.
Photos or Videos
In sexual abuse cases, there may be photos or videos exchanged between a victim and the perpetrator. Sexual abuse can involve graphic images or videos of a sexual nature sent without consent. Abusers may also coerce their victims to send such material to them. In cases of child abuse, there may be physical or digital storage of photos or videos with exploitation material. A well-known physician by the name of Dr. Oumair Aejaz was found to have thousands of recordings of patients without their consent, including sexually abusive videos. Public or commercial security footage may capture events before, during, or after an assault to help verify a timeline or a location. All photos and images related to sexual abuse can serve as vital evidence proving the assault took place.
Toxicology or Medical Records
As previously mentioned, when you seek treatment for an injury, pregnancy, or disease related to a sexual assault, the medical records from the physician can serve as valuable evidence. While medical records are private, law enforcement or attorneys can request this evidence with your consent. Many sexual assaults can occur after a survivor has been drugged or consumed alcohol; doctors can perform toxicology testing to find drugs or alcohol in the blood. Toxicology reports are often used in courts to prove an assault occurred when someone was under the influence of drugs or alcohol. Most ‘date rape’ drugs also appear on toxicology reports.
Witness Statements
When sexual abuse occurs, sometimes there are witnesses around to observe the behavior. Witnesses can come in many forms, and many won’t know the survivor or abuser personally, such as a bystander. Witnesses can be family, friends, partners, group chat members, coworkers, social media users, and more. Law enforcement and attorneys will interview witnesses to establish an official witness statement. Some witnesses may testify in a courtroom setting to what they saw or heard to prove a sexual assault occurred. While witnesses are valuable pieces of evidence, not all sexual assault cases have witnesses, unfortunately.
Conclusion
Sexual abuse is a tragic crime that can significantly affect a survivor’s life forever. Sexual assault can mean rape but can also include threats, coercion, or nonconsensual media. If a sexual assault has happened to you, you aren’t alone. Contacting law enforcement or obtaining a lawyer can help you pursue justice in a criminal or civil case. Understanding your rights and options as a citizen is important, even if you wish to remain anonymous. You don’t have to press charges, but it may be in your best interests to do so.
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