How can you make a sexual assault claim with minimal evidence?

PUBLISHED 09 Dec 2019

Many survivors of sexual assault find it difficult to go to the police when they have been abused, whether that be out of fear of retribution, shame or mental anguish over what they have endured. It is common for survivors to wait to report an assault, whether they were children or adults when the abuse occurred. Because of this, as well as the nature of the crimes, sexual assault victims are sometimes left with minimal evidence that the crime occurred.

If you have been sexually assaulted, you may be unsure of how to proceed to find justice or compensation for what you have endured. Even if the crime occurred years ago, you still have options.

Coming forward

If you were abused as a child, not matter where the abuse occurred, whether at home or outside of it, it’s important to speak to police. This is true whether you were assaulted in the recent past or as a child – the police will need to know what happened, and you’ll need to go to them first.

It’s common to delay this step, as it can be a frightening one. However, you don’t have to take on this challenge on your own. Seek out help when dealing with the police and the court system – there are professionals who are experts in this legal area and can help you navigate what can be a complex process.

Today’s court system recognises that victims of sexual abuse often wait to report abuse and understand the reasons behind those delays. Abuse is unfortunately common. Victims are encouraged to stay silent, and many times only after many years have passed are they ready to come forward. With thousands of cases of abuse reported around the world, the courts are more understanding of a lack of physical evidence than they were in past years.

Once you come forward, the NSW government estimates it may take six to 12 months to make a decision on your claim. This is where compassionate legal care can serve as a resource for you to lean on during a challenging time. You’ll need to complete paperwork, reports and submit numerous documents to complete your claim. Let experts help you during this time so you can keep your focus on the future, rather than on properly filling out documents.

The right legal experts can help you with compassion and sensitivity during a difficult process, with the ultimate goal of receiving compensation for what you have endured. For help and advise, don’t hesitate to contact the medical negligence experts of Gerard Malouf & Partners Compensation, Medical Negligence & Will Dispute Lawyers.

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts, or email your enquiry.