Sexual abuse cases present evidentiary challenges that require careful navigation. Understanding these obstacles and effectively addressing them is critical to advocating for survivors and achieving justice. Below, we explore the key evidentiary issues commonly faced in these cases and strategies for overcoming them.
Addressing Consent and Comparative Fault
In many child sexual abuse cases, perpetrators groom victims, manipulating them into seemingly voluntary relationships. Defendants may argue that the absence of force implies consent or that the plaintiff is partially at fault. However, by virtue of their youth and as a matter of law, minors cannot consent to such actions. Minors should never be blamed for the sexual abuse committed against them. Period.
To counter such arguments, motions can be filed to challenge claims about consent or comparative fault. Courts have recognized that minors cannot be held at fault in these situations, ensuring the focus remains on the defendant’s conduct.
Excluding the Plaintiff’s Sexual History
Defendants sometimes attempt to introduce evidence of a plaintiff’s sexual history to discredit them or suggest a propensity for certain behavior. However, courts recognize that such evidence is generally inadmissible unless the defendant can prove extraordinary circumstances that justify its relevance to the case.
Laws protect plaintiffs from invasive and irrelevant inquiries into their sexual history. Attorneys can file a motion in limine to prevent this evidence from being presented, ensuring the trial remains focused on the allegations and facts rather than distracting or prejudicial claims.
Attorneys for sexual abuse victims and survivors should aggressively oppose any defense tactics of trying to inquire into a victim’s sexual history.
Protecting Confidential Therapy Records
Therapy records in sexual abuse cases can provide relevant evidence but also risk exposing deeply private and sensitive information. The confidentiality of the therapist-patient relationship is crucial for effective treatment, and disclosure can disrupt this trust, causing plaintiffs to disengage from therapy out of fear their personal details will be revealed in court. Courts recognize this privilege, ensuring therapy records are protected unless disclosure is essential to the case.
To balance relevance and privacy, an ideal solution is to have the plaintiff’s therapist testify on a limited set of issues directly related to the case. This could include treatment connected to the incident, as well as the therapist’s diagnosis and prognosis. Additionally, therapy records could be provided in a redacted format, ensuring information unrelated to the litigation remains confidential.
Reach out to the O’Brien Law Firm
Sexual abuse cases involve complex evidentiary challenges that require thoughtful strategies and thorough preparation. By addressing these challenges effectively, legal professionals can advocate for survivors and help ensure justice is achieved.
Coming forward about sexual abuse takes tremendous strength and courage. The O’Brien Law Firm is here to listen to your story, discuss your legal options, and answer your questions.
Our attorney Grant Boyd has an established reputation for advocating aggressively and strongly on behalf of those who suffered abuse. He acts diligently and fast to protect victims, hold offenders accountable, and ensure legal deadlines are met.
If you or someone you know were a victim of sexual abuse, attorney Grant Boyd can help. Schedule your free, confidential case evaluation with the O’Brien Law Firm by calling us at (314) 588-0558 or contacting us online!