If you file a claim in Illinois for sexual abuse, you are given the burden of proof as the plaintiff or filing party. Meeting this burden and proving your case against a perpetrator requires clear and convincing evidence. It also requires overcoming potential challenges and countering defense arguments presented by the other side of the case.
Lack of Witnesses
Many incidents of sexual abuse happen behind closed doors, away from any witnesses. A lack of witnesses can lead to a he said/she said situation, where it is the victim’s word against the perpetrator. However, this issue can be counteracted with other forms of evidence, such as physical evidence, when it is available.
Limited Physical Evidence
It can be incredibly difficult for survivors of sexual abuse to come forward with their stories and seek the professional help and medical care that they need. Unfortunately, these delays can lead to a loss of vital evidence, such as DNA from the perpetrator or documentation of physical injuries.
It is important to get a sexual assault forensic exam as soon as possible as a victim so that you can preserve physical evidence before it disappears forever. However, delayed reporting is not the only thing that could result in limited physical evidence to support a sexual abuse case. Evidence contamination due to improper handling can also contribute.
Credibility Issues
To win a sexual abuse case, your attorney must prove the elements of the case as true beyond a reasonable doubt. The defense attorney working for the other side may try to undermine your credibility to convince a jury to doubt what you are saying. This defense may attack your character or argue that you gave your consent to the sexual contact.
Blaming you for the incident (victim-blaming), arguing an alibi or misidentification, or using the fact that you were under the influence are all examples of ways the defense may try to undermine your reliability. Credibility can also be an issue in cases involving child sexual abuse, as young children can have trouble expressing themselves and explaining what happened.
Emotional Barriers
Victims of sexual abuse and assault can suffer mental, emotional and psychological barriers that present challenges. They may fear re-traumatization, for example, while recounting the details of the sexual abuse incident. They may also fear retaliation from the perpetrator or social stigmas. These issues can discourage victims from pursuing legal claims.
Expired Statute of Limitations
Every state has a law known as the statute of limitations that places a time limit on the right and ability to file a sexual abuse lawsuit. If a sexual abuse survivor waits too long and the statute of limitations expires, the ability to hold a perpetrator or a third party accountable will typically be lost forever.
It can take years for a sexual abuse survivor to be able to come forward with stories of abuse. Unfortunately, this can run the risk of the statute of limitations expiring. In Illinois, the statute of limitations on a civil sexual abuse case is typically 2 years for an adult victim and, for a child victim, 10 years from the date of the offense or the child’s 18th birthday (whichever is later).
Missing Legal Support
A major challenge in trying to prove a sexual abuse case in Illinois is a lack of legal support. If a survivor hires an attorney, he or she can avoid common mistakes and strengthen the odds of success. An sexual assault attorney in Illinois can investigate the abuse, collect and present evidence, hire experts, and take other steps to prove the case. Meanwhile, the client can focus on healing.
Overcome all the challenges involved in your sexual abuse case in Illinois with help from The Mahoney Law Firm. Contact us today for a free, confidential consultation.
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