Sexual Assault

You asked what kind of proof a person may need to prove sexual assault. It is difficult to say exactly what evidence a person may need to prove sexual assault, since it can often vary in different situations, and depends on what specific crime a person is trying to prove. You can find the legal definitions of some common sexual assault crimes on our Crimes page. [HYPERLINK TO CRIMES PAGE]

In general, it can be difficult to prove sexual abuse, since it is a crime that often happens in private. However, 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 in case that helps.

Also, it can be more difficult to prove sexual abuse in a criminal case as compared to a civil case (such as a restraining order). 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. But in a civil case like a restraining order, 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. We have some information on restraining orders in your state, [HYPERLINK TO RESTRAINING ORDERS PAGE] as well as some information on filing a civil lawsuit against an abuser, [HYPERLINK TO SUE THE ABUSER PAGE] in case it is helpful.