What Is the Most Important Evidence in a Sexual Assault Investigation?

If you or a family member have been a victim of sexual assault that may lead to a civil lawsuit, certain pieces of evidence are key when trying to pursue restitution. As  trusted lawyers who help victims of  sexual abuse, we work hard to find the evidence to help us work toward the outcome you want to see.

At Fadduol, Cluff, Hardy & Conaway, P.C., our law firm has a 40-year track record of helping victims. We do not back down when cases become challenging. We work tirelessly to find the evidence we need to help with your civil lawsuit for sexual assault.

Key Pieces of Evidence in Your Case

After you or a loved one suffers a sexual assault, you should contact law enforcement. Police officers will start by tending to the victim and securing the scene. Then, they will begin collecting evidence to prove who committed the assault, such as the following:

• Any DNA evidence related to the crime
• Any trace evidence from the accused
• Evidence showing a lack of consent, like torn clothing
• Any bruising, scrapes, or cuts on the victim
• Any blood samples showing the victim was drugged
• Interviews with the victim and any witnesses

Collecting such evidence as soon as possible after the assault takes place is vital for such a case. The longer it takes to gather evidence, the greater the chance of contamination. Physical trauma like cuts and bruises heal faster than you may think.

Law enforcement and medical officials have specific criteria for collecting this evidence. To prove any criminal charges against the accused, any evidence collected by the police must be clear.

How We Use Evidence in Your Civil Case

As the police are conducting their investigation, attorneys of the civil side  can use some of this same evidence in our civil lawsuit. We can use the facts in the police report to paint a clear picture of what happened.

We can then go another step by showing an entity that needed to protect you from the assault failed to do so. The person accused of the sexual assault may face criminal charges, but the defendant in civil cases like this may be people or parties other than the accused.

For example, if the sexual assault occurred while you were at work, the company could be at fault for failing to take steps to create a safe environment. We may be able to seek a civil lawsuit against the company because of its negligence in not protecting you from the accused.

Evidence We May Collect

If the sexual abuse occurred at your workplace or a treatment facility, we might determine that the abuse occurred repeatedly over a long period. The following is some of the evidence we may try to find:

• The appearance of sexually transmitted diseases in the victim
• Behavior from the victim that shows fearfulness of the accused for a long time before the sexual abuse report occurred
• If the assault occurred at a facility, whether said facility failed to do background checks on the accused

Call Us Today

You can trust the experienced sexual abuse lawyers at Fadduol, Cluff, Hardy & Conaway, P.C., to treat your case with care. By hiring us to handle the civil part of your case, you’ll have more time to focus on trying to return to your normal life.

If you are ready to file a civil case related to the sexual assault you suffered, we are ready to begin working for you immediately. To schedule a free consultation, call a New Mexico sexual assault lawyer today at 800-433-2408.