When a sexual assault case is brought against an individual or institution in Illinois, the plaintiff or the party that filed the claim bears the burden of proof. In the civil justice system, it falls on the victim to prove the truth of what is being claimed. Security camera footage of a sexual assault incident can provide strong and compelling evidence that significantly affects the outcome of the case. Call our Illinois sexual assault attorneys today for a free consultation.
How Can Security Camera Footage Be Used in a Sexual Assault Case?
Many sexual assault cases become a matter of “he-said, she-said” due to a lack of witnesses. If only the perpetrator and the victim were in the room where the sexual assault took place, any legal actions brought against the perpetrator is the survivor’s word against the assailant’s. If there is a security or surveillance camera in the vicinity, however, it could offer strong visual evidence corroborating the victim’s story or challenging the word of the defendant.
Supporting the Victim’s Statements
If there is security footage of the sexual assault taking place, this can provide extremely compelling evidence against the perpetrator that supports what the victim is claiming. Even if the assault itself isn’t captured on tape, however, security camera footage may be beneficial to show the comings and goings of the alleged perpetrator and any potential witnesses, the direction that an assailant left or came from, and interactions between the parties involved.
Establishing a Timeline of Events
A major part of any criminal or civil case is piecing together what happened in the minutes or hours surrounding the alleged incident. Establishing a timeline of where every party involved in the claim was can help place individuals at the crime scene or eliminate them from the list of possible suspects (if they have an alibi).
Proving Whereabouts
Security camera footage can track the location and whereabouts of involved parties on the day of the sexual assault. It may prove that an alleged perpetrator was at or near the location where the victim was attacked, for instance, or put the victim and the perpetrator in the same place at the same time (providing an opportunity for the crime).
Confirming or Challenging Allegations
Finally, security tapes and other available video footage can be used to confirm or challenge a claim that has been brought against an individual. Recorded footage may back up the story told by a survivor, for example, making him or her a more reliable witness. It could also challenge the defense put forth by the accused, proving that he or she has not been entirely truthful.
What to Do if You Experience Sexual Assault in Illinois
If you were sexually assaulted in Illinois, it’s important to take certain steps to prove your claim, including correctly preserving any available security camera footage. Start by going to a hospital that offers sexual assault forensic exams to collect evidence from your person. Do your best not to bathe or change clothes before getting the exam.
Then, tell someone what happened. If you need to, start with a trusted friend or family member and work your way up to the authorities, such as the police. Have someone return to the scene with you to look for cameras that may have caught the incident or perpetrator on tape. Write a description of what happened in your own words while the details are still fresh.
When you’re ready to seek justice, contact the Mahoney Law Firm for a free consultation with one of our trustworthy and compassionate personal injury lawyers. As your attorneys, we can correctly preserve and present surveillance footage as evidence to support your claim. Handling camera footage correctly is paramount, as the courts will not permit footage that is unclear, edited or has been tampered with.