Proving institutional sexual assault is a difficult process, and requires evidence of both the perpetrator's intent to commit an act of sexual violence and that the institution was negligent in preventing the sexual assault from taking place (e.g., they hired someone with a known history of sexual assault or didn’t take precautions to protect the public).
One way to show a lack of consent is to demonstrate that there was a power imbalance between the victim and perpetrator – whether due to authority figures within an institution or other forms of influence - which made it impossible for the victim to resist. Evidence such as medical records and testimony from witnesses can be used to support this claim. Ultimately, proving institutional sexual assault requires gathering substantial proof showing clear violations of basic rights and boundaries by someone in a position of power over another person.
What Evidence Can Show Sexual Assault?
What evidence can help show sexual assault? Physical evidence is often the most important piece of evidence in any criminal or civil case, and with sexual assault cases it is no different. There are several types of physical evidence that can provide key information about an alleged assault. Forensic examinations of DNA, skin samples, hair, and clothing can all be used to prove a sexual assault occurred.
Additionally, medical records can provide evidence of the physical injuries inflicted during an assault. Finally, photographs or other visual documentation of the immediate environment can help corroborate an alleged assault took place in that location. All this physical evidence can be used to build a strong case against an accused perpetrator and will often prove invaluable in court proceedings. It may seem daunting to begin this process, but having a lawyer on your side can lighten the load as you move forward.
Contacting a lawyer is a great first step as they can help with all of the necessary evidence. If you don’t know if you have a case, contacting a lawyer can help you understand what options you have.
Working with a Lawyer to Hold Someone Liable for Sexual Assault
If you or someone you know has been the victim of sexual assault, it is important to know that there are legal options available. Working with a lawyer can help hold the perpetrator liable for their actions and may even provide financial compensation for any damages incurred. A lawyer who specializes in civil litigation on sexual assault matters can be an invaluable resource as they will have experience working on similar cases and understand how to navigate through the complex legal system in order to get justice. Additionally, a lawyer can also provide emotional support throughout this difficult process by offering guidance and advice.
