Thinking of taking legal action against your abuser?
Navigating the legal system can be incredibly overwhelming and downright confusing. This might be why most survivors just avoid it all together. Because where do they even start? !
Well… let’s dispel this notion that pursuing justice is some far-fetch idea that only occurs in movies.
Because here’s the thing…
You Deserve Justice.
Okay yes, you do! But don’t let that stop there…
You can actually hold your abuser legally accountable and it doesn’t have to be as scary or difficult as you imagine.
With a little direction + the right sexual abuse lawyer on your side, you CAN make it through the legal process.
Here’s what you need to know…
Table of Contents:
- Why Most Survivors Don’t Take Abuse Cases To Court
- Understanding Your Legal Options
- How To Find The Right Sexual Abuse Lawyer
- What To Expect From The Legal Process
- How To Build Your Strongest Case Possible
Why Most Survivors Don’t Take Abuse Cases To Court
Let’s be real…
Nationwide only 31% of sexual assaults are reported to police. This means that around two-thirds of survivors choose not to report their abuse to authorities (or know how to). Many survivors want justice but simply don’t know where to start.
The reality is, the decision to not take action is rarely black and white. There are many deeply personal reasons survivors choose not to report or take legal action against their abusers. These reasons range from:
- Being told they won’t be believed
- Shame + blame they place on themselves
- Fear of retaliation from the abuser
- Not understanding your legal rights
- The stigma that surrounds sexual abuse
What most survivors don’t know is…
You don’t have to rely on the police or district attorneys to file criminal charges against your abuser.
By working with a reputable sexual abuse lawyer, you can pursue a civil lawsuit against your abuser and receive the compensation you deserve. Organizations like Kayla’s Survivors of Los Angeles specialize in helping survivors navigate these complex cases.
You have OPTIONS.
Civil lawsuits allow YOU to take control of your legal case.
Understanding Your Legal Options
So you’ve decided you want to take legal action. Awesome.
The question now is: what are your legal options?
Well, you have two routes you can take. Here’s the breakdown…
Criminal vs Civil Cases
If you choose to pursue a criminal case against your abuser, you’d be allowing the state to take control of your situation.
Prosecutors will decide whether or not they want to file charges against your abuser. This would then allow the courts to convict your abuser and give them a punishment (like jail time).
However…
On average, only 25 out of every 1,000 sexual assault perpetrators will spend time behind bars. The process of proving your abuser guilty beyond all reasonable doubt is extremely difficult. You also have no control over whether or not prosecutors will take action against your abuser.
Civil cases on the other hand, allow you to:
- Sue your abuser directly
- Seek monetary compensation for your injuries & trauma
- Have more control over your case
That’s why most survivors choose to file a civil lawsuit against their abusers.
How To Find The Right Sexual Abuse Lawyer
Just like with any other profession, you’ll want to find a lawyer that specializes in sexual abuse cases.
Choosing the right attorney can mean the difference between a successful case and hitting a dead end.
When looking for your sexual abuse lawyer, here are some things to keep in mind:
- Experience with sexual abuse cases
- Proven track record of success
- Understands how to talk to clients who have been through trauma
- Easy to understand & can break down the process for you
- Works on contingency fees (you don’t pay unless you win)
Don’t be afraid to interview different lawyers and see who you feel most comfortable with. You should also be wary of any lawyer that pushes you to sign on with them immediately. A reputable lawyer will want you to take your time and pick the right one for you.
If you’re having trouble finding a lawyer in your area, feel free to message me. I’m happy to point you in the direction of some sexual abuse lawyers in Los Angeles that I trust.
What To Expect From The Legal Process
Like with any legal battle, the process can take some time.
Here’s what you can expect along the way…
Consultation
You first meeting with your sexual abuse lawyer is called a consultation. Essentially you’ll be telling them what happened to you and they’ll decide if you have a case.
From there they should lay out all of your options and help you decide what you want to do going forward.
Investigation
Your lawyer will gather evidence to support your claims. This could include medical records, witness testimony, or even your own testimony about what happened to you.
Filing A Lawsuit
Your lawyer will take all of the information you’ve provided them + evidence and compile it into an official complaint.
Discovery
Both parties will be asked to exchange information.
Your lawyer will handle any questions you get asked under oath (aka deposition) and provide documents as needed.
Settlement Or Trial
The majority of civil cases are settled out of court. Your lawyer will work to negotiate with the other party to give you fair compensation for your injuries.
If they can’t reach an agreement, then your case will go to trial.
How Long Will It Take?
Every case is different. Some cases are settled in a matter of months. Others can take years.
Your lawyer should be able to give you a rough time frame of what you can expect from your case.
How To Build Your Strongest Case Possible
Want your lawsuit to be successful?
Outside of having a good lawyer on your side, you can take steps to give yourself the best chance at winning your case.
Document Everything
Documentation can be used as evidence to support your claim that you were sexually abused. Keep records of:
- Anything you pay for that is related to the abuse (therapy, medication, medical bills, lost wages, etc.)
- Journal entries about how you’re feeling
Preserve Evidence
This includes text messages, emails, social media exchanges, etc.
You think it’s not important? Your lawyer will find a way to use it.
Honestly Everything
Attack lawyers are seasoned professionals in getting information out of you.
They know how to push your buttons. So if you aren’t honest with your lawyer, you’re making it more difficult for them to help you.
The more they know, the better they can represent you.
Ask Questions
You should never feel uncomfortable or ashamed to ask questions. If you don’t understand something your lawyer is saying, ask them to repeat it in a different way.
You should always be kept in the loop as far as what’s going on with your case.
Don’t forget to take care of YOU.
Remember…
This process takes a toll on you emotionally. Don’t neglect yourself throughout your case.
Taking legal action against your abuser can be a healing experience, but it’s not mandatory to your recovery.
Wrap-Up
Taking legal action against your abuser is just one avenue you can take to help you heal from your abuse.
Remember:
- You have options
- Not all lawyers are cut out for abuse cases
- You have MORE control in civil cases
- The more you prepare, the stronger your case will be
- Don’t neglect yourself throughout the process
Deciding whether or not to take legal action is a very personal decision. You shouldn’t feel pressured to take legal action against your abuser if you don’t want to.
But if you DO decide you want to take legal action against your abuser, know that you don’t have to do it alone.