Do Sexual Abuse Victims Have to Attend Trial and Testify?

Item: The Law Office of Andrew Shubin
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Author: Tina L

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There’s often a hesitance in the legal community to have sexual abuse survivors testify about what happened. With this and other serious crimes, having to testify can re-traumatize the victim, bringing up terrible experiences in detail.

Depending on whether the case is civil or criminal – and depending on specific factors – your testimony might not be necessary. For some, testifying about what you experienced is liberating, but for others, it is something to avoid at all costs. If cases settle or there are other sources of evidence, your testimony might not be needed, but this isn’t guaranteed. Attendance at trial has similar considerations.

Call our attorneys for sexual abuse victims at The Law Office of Andrew Shubin today at (814) 826-3586 for help with your case.

Do I Have to Testify in My Civil Case to Get Damages?

Our attorneys for sexual abuse victims represent survivors in lawsuits against the individuals and institutions responsible for their sexual abuse. This means we have to have your best interests in mind, including your fears of re-experiencing everything or having to face the person you’re accusing of sexual abuse.

Necessary Proof

Because of the fact that sexual abuse is illegal and absolutely terrible, it often happens in private. This limits the witnesses and often leaves the victim and the abuser being the only ones who know what happened. Because of that, your testimony is often needed to present a strong case.

If there is other evidence, such as witness testimony or security camera footage, it might not be absolutely necessary to call you to the stand. However, you are still probably the best source of information about what happened to you.

In the same line of reasoning, you know best what emotional distress, discomfort, PTSD symptoms, and other negative experiences you endured. This makes you the best source of evidence about your damages, particularly non-economic damages. While medical records might show physical signs of abuse, only your word on the matter shows the mental, emotional, and personal side of things.

Alternative Sources of Testimony

Civil cases have rules against hearsay, meaning that the person being quoted usually needs to testify live in court to have their statements admitted into evidence. However, rules are looser in many cases, especially in states that have laws explicitly protecting sexual abuse victims.

Often, statements can be pre-recorded, written statements, or given in depositions. In a deposition, statements are taken in legal offices and presented as a transcript. With any of these tools, you might still have to tell your story, but you might not have to do so in open court in front of a jury.

Especially in cases involving child victims, there may also be laws allowing you to remain anonymous. This might help you avoid testifying live. Even though your abuser will likely be able to piece together who you are, others involved in the case and members of the public might not.

Settlements

Most lawsuits do not get to trial. This means that there is no need to testify in open court, and you may be able to resolve your case without giving a statement.

Many cases do settle after the “discovery” stage – the stage where depositions are taken. However, our attorneys may be able to negotiate around this, achieving a settlement without the need for you to testify in any venue.

It is important to take into account how much your case should be worth and that the defense might try to use your testimony as a bargaining chip. For example, they could offer to settle without you testifying in exchange for a lower settlement or a non-disclosure agreement, preventing you from disclosing your story later.

Our attorneys often advise against these concessions, but the decision of when and whether to settle is yours, not ours.

Do I Have to Testify in a Criminal Case?

Many of the considerations in criminal cases are the same, with some stricter rules:

Necessary Proof

In criminal cases, the “burden of proof” is higher. This makes your testimony as the victim potentially even more important. The prosecutors might not be able to prove the case without your cooperation and testimony.

However, they are not your lawyers and might not have your best interests in mind. Our attorneys can negotiate with the prosecution and try to help protect your identity and your interests during a criminal case.

If the police and prosecutors have other strong evidence, they may decide to move forward with the case without your testimony, but this is rare.

Confrontation Clause

The 6th Amendment protects the rights of the accused, including the right to confront witnesses. This “Confrontation Clause” usually means the victim must testify in court if the defendant demands it. This often bars anything but live testimony; testifying from another room on video conference might not be allowed.

Along with hearsay rules, this is a stronger requirement to have the victim testify in court rather than submitting statements or depositions.

Pleas

Like with civil cases, most criminal cases also do not go to trial. Instead, they are often resolved with plea bargains, where the defendant pleads guilty to the charged offense or a lesser offense.

This speeds up the process and saves the government and courts time and money, but it may make victims feel like their abuser got off easy or that they did not get their own “day in court.”

Keep in mind that if you do want to testify, you can. Also remember that your civil case can get you monetary damages to increase the abuser’s punishment beyond what the criminal court hands down.

Do I Need to Attend the Trial?

Depending on the situation, the progression toward a settlement, and the specific state’s laws, you might not need to go to trial at all. If the case settles or has a plea bargain, you might never even have to enter the courtroom.

However, in most cases that do go to trial, you might need to be present and sit at counsel table, though we may be able to arrange for anonymity in some civil cases.