What must be proven for sexual assault? Survivors need to prove that the perpetrator committed the offense, that they did not consent to the act, and that the assault caused damages.
A Las Vegas sexual assault lawyer can help build your claim so you can get the justice you deserve.
You Must Prove the Perpetrator Committed the Offense
Sexual assault is a “Class A” felony in Nevada. This represents the most serious level of crime. Survivors of sexual assault deserve justice. Both the criminal justice and civil court systems provide opportunities for justice.
Proof Beyond a Reasonable Doubt
When a perpetrator is charged with sexual assault, prosecutors can only secure a conviction by convincing the court that the crime occurred “beyond a reasonable doubt.” They must also prove the attack meets the definition for sexual assault established in the Nevada Revised Statutes (NRS).
Preponderance of the Evidence
The criminal justice system punishes offenders for their actions, but does not compensate sexual assault survivors for what they have endured. This type of justice is available through the civil court system. With help from a personal injury lawyer, survivors can seek compensation for their losses.
The civil court’s standard of proof is lower than the criminal court’s. You need to convince the civil court that the attack happened through a “preponderance of the evidence.” In other words, what must be proven for sexual assault is that it is “more likely than not” to have occurred.
Proving Sexual Assault Happened
Getting medical care after an assault is critical. A medical exam can produce forensic evidence of the attack and document those findings. Your injuries can provide evidence of the perpetrator’s use of force, and show if the offender left behind biological evidence such as DNA or skin cells.
Other physical evidence of the assault may be found on your personal belongings or in areas where the attack occurred. Your clothes or bedding could retain fibers or DNA useful for proving the attack.
Digital Evidence
Digital devices could contain evidence. If you knew your attacker, they might have sent you an apology or “explanation” after hurting you. They could also send threats to intimidate you into silence. Some attackers brag about their actions on social media. GPS and location data may provide circumstantial evidence, showing the attacker was with you at the time of the assault.
Security cameras may have evidence of the event. Mounted cameras are common in parking lots and business locations. Many homes have doorbell cameras. Footage from these devices could show the attack or at least put the attacker in your vicinity.
Proving Lack of Consent
To give consent means you agree to engage in sex of your own free will. There is no consent if the offender continues with the act after you have said or signaled “no” or if you are:
- Asleep
- Passed out
- Drunk, high, or have overdosed
- In a coma or unconscious state
- Mentally disabled
- Under 16 years of age (an exception may apply if both parties are close in age and consented to sex)
There are no exceptions if the act was perpetrated on a person under the age of 14.
Types of Evidence for Proving Lack of Consent
A medical exam could show the violence of the attack, providing support for your lack of consent. Witnesses may have seen that you were not alert, or that the offender had behaved aggressively toward you or refused to take “no” for an answer.
Digital evidence could support your claim as well. Your attacker may have left a trail of posts, comments, emails, or texts showing their interest in you or their plans for pursuing you. Your responses may support your lack of reciprocal interest.
The Assault Resulted in Measurable Damages
That you sustained measurable damages must be proven for sexual assault in a civil court case. Perpetrators inflict physical and psychological damage through an attack, and that damage leads to financial fallout. An attorney can compile the evidence needed to prove those losses and their value.
Physical injuries incur medical costs. These injuries and your psychological trauma could keep you out of work while you recover, causing additional financial loss. You will likely need counseling to help you through your trauma. These costs are all factored into your compensation demand.
Proving Non-Tangible Losses
Though it does not come with a concrete dollar value, your suffering also demands compensation. This suffering does not simply evaporate once the physical danger and wounds have healed. Survivors can experience rape trauma syndrome, a condition affecting both the body and the mind.
They may struggle to maintain relationships or engage socially and find it difficult to function at school or work. An experienced attorney knows how pain and suffering damages are calculated in Nevada and will not overlook any details when calculating a demand.
Our Team Stands With Survivors
As a survivor of sexual abuse, you deserve the chance to get justice for what you’ve endured. The team at H&P Law knows what must be proven for sexual assault and how to find and present the evidence needed.
We will stand with you as we lead your fight, providing the personal support and legal representation you need.
