Maison Law represents anyone that’s been sexually assaulted on a college campus in California. While most of the resources and legal protections available to survivors are geared toward punishing perpetrators criminally, you can also file a civil claim for “damages.” A successful claim means showing a “preponderance of the evidence,” and our team can help you. Contact us today for a free, private consultation to learn more.
Why Would You Need a Lawyer?
When you go through a sexual assault, it’s incredibly traumatic and hurtful. Yes, you have legal options, but the things that make a strong claim–remembering details, gathering information and evidence, knowing who is responsible–are all extremely difficult in these types of cases.
Before you can even think about your potential options, you’re probably wondering if you even need a lawyer. The answer is that it depends on your situation. You’re not technically required to have a lawyer, but if you try to go through this process by yourself, it can be totally overwhelming. Our team can help you in all aspects, most important of which is the support you need to stand up to your perpetrator and anyone else that’s responsible.
What is the Preponderance of Evidence Standard in Sexual Assault Cases?
It might seem complicated, but the “preponderance of evidence” in a sexual assault case is actually the same as it is in any civil case. It refers to showing that:
- Your evidence is stronger than the other side’s evidence.
This standard is lower than the common “beyond a reasonable doubt” standard that would be used in a criminal case, and basically means that your evidence needs to be more persuasive for a judge and jury
Specifically, the preponderance of evidence standard in your sexual assault claim means that you’ll need to show that your evidence outweighs the defense’s evidence, even slightly. The question then becomes how you can do that.
How Can You Show a Preponderance of Evidence in Your Sexual Assault Claim?
When it comes to showing the preponderance of evidence for your case, it’s all about the actual evidence you can present. There’s two parts to this process: taking the right steps after the incident, then actually gathering and compiling the evidence and documentation to show what happened.
Our team can be invaluable in helping you recall events, collect information, and strengthen your claim. Here’s how you can meet the evidence standard:
- First, prioritize your health by seeking immediate medical care at an emergency room, hospital, or urgent care center. This will give you vital medical records of your injuries and also show what happened to you physically
- Next, report the assault to the appropriate authorities, such as school administration or your RA, to make sure it is documented and your safety is secured. We can help you get any internal documentation about your report from your college.
- Lastly, collect as much evidence as possible, including photos, videos, and witness contact details. This visual evidence is very persuasive for your case.
These steps are crucial for both your health and any potential legal action. Still, your top priority should always be your health and safety. Taking care of those things after a sexual assault is the most important thing.
Examples of evidence in a sexual assault claim
One of the biggest ways we can help you in a claim is by gathering evidence, then presenting it in the strongest, most persuasive way for a jury or insurance company. Here’s a few examples of what you need to look for:
- Medical records – A huge part of your case is getting your medical records to show the physical harm or trauma from the assault, and also consulting with medical experts.
- College records – We’ll request access to college records for information like internal investigations, complaints, or similar incidents involving the accused.
- Witness testimony – We’ll take the lead on contacting people who saw the assault or had similar experiences at the college to support your story.
- Victim statements – We can work with you to document your detailed account of the assault, possibly through multiple interviews for accuracy.
- Psychological assessments – These are evaluations from mental health professionals to understand the emotional and mental impact of the assault.
Taking legal action after experiencing sexual assault takes courage. With Maison Law by your side, we are committed to supporting you throughout the process, providing the assistance and understanding you need to complete your claim.
What Damages Are Available in a Sexual Assault Claim?
The point of filing a civil claim, even after an incident as difficult as a sexual assault, is to recover certain “damages” from the responsible party. Most of the time, this is going to involve the perpetrator of the assault. But when it happens at your college, the school administration, staff, and anyone else that failed to protect you can also be involved.
At that point, this liability means they’ll have to pay for your damages. But in order to actually get your damages, you have to prove your case. This is where the preponderance of evidence comes in. As long as you meet this standard, you’ll be able to potentially recover things like:
- Medical expenses – These cover the cost of healthcare and treatments needed because of the assault, including ongoing care.
- Lost income or earning potential – These damages cover any lost income due to an inability to work or reduced earning ability.
- Pain and suffering – These damages are for the physical pain and mental anguish you endured because of the assault.
- Emotional distress – These damages are meant to cover the emotional impact of the abuse on your well-being.
- Loss of companionship – These damages relate to the emotional toll if the abuse harmed your relationships with loved ones.
- Loss of enjoyment of life – This covers the negative impact on your daily life and overall enjoyment.
- Punitive damages – These are extra damages awarded if the perpetrator’s actions or the school’s negligence were especially severe.
You should never have to go through a sexual assault at your college. Unfortunately, though, there’s a number of factors present in this environment that lead to these incidents. Although these damages can’t undo the harm you’ve suffered, they can at least give you a token of financial support to get back on your feet.
Experienced California College Sexual Assault Lawyers
If you’ve been sexually assaulted at a college or university in California, it can have a long-term impact on the rest of your life. This makes the legal process very important to your recovery, and our experienced California college campus sexual assault lawyers at Maison Law will be there to support you. We make sure those responsible at the school are held accountable. Contact us today for a free consultation to discuss your options.
