English
EspañolWhat can I do if I have been sexually assaulted without proof?
Often times when someone reports a sexual assault, the only “proof” that they have is their word that it happened. A victim’s testimony about sexual abuse is a form of evidence on its own, though it can help to have additional evidence that agrees with (corroborates) the victim’s testimony. Sometimes a person may have text messages from the abuser from around the time of the assault that refer to the assault, a person may have injuries or have gone to a doctor, or a person may have told someone shortly after the assault that it happened. Those things may be considered corroborating evidence. We have some information on our website about gathering evidence of abuse.
I am not sure if you are thinking of going to the police or if you are considering filing a civil restraining order to keep this person away from you. In general, it can be more difficult to prove sexual abuse in a criminal case than in a civil case (such as a restraining order case). This is because of what is called the “burden of proof,” which refers to the amount of evidence that is necessary to prove something. In a criminal case, the prosecution must prove “beyond a reasonable doubt” that the defendant committed a specific crime. And even before you get to that stage, the police must believe that there is “probable cause” to believe that the sexual assault happened and to arrest the offender.
In a civil case like a restraining order case, a person usually only needs to prove that it is “more likely than not” that the abuser sexually assaulted them, which is a much lower standard. Because of this, the amount of evidence a person may need can depend on the type of case. We have some information on civil restraining orders in your state, as well as some information on filing a civil lawsuit against an abuser for money damages [HYPERLINK TO BOTH] in case it is helpful.
You may also want to connect with a sexual assault advocate [30+ STATES HAVE A SEPARATE STATE COALITION AGAINST SEXUAL ASSAULT, USE THIS LINK FOR QUICK CHECK ], or with a local program [HYPERLINK] or an online forum for victims of sexual assault for emotional support.
