Can Witnesses or Experts Testify on Behalf of a Sexual Abuse Victim?

Many pieces of evidence go into proving a sexual abuse case. Often, you are not alone, and many others can step forward to use their voices to support your claim and help you get justice for what happened to you. Understanding the role of witnesses and expert testimony is important if you plan to pursue damages for sexual abuse in court.

Witnesses are permitted to testify in your favor about what they saw and experienced. In a sexual abuse case, you, as the victim, might be the most important witness. Anyone else who saw what happened to you can also testify, as can many people who can corroborate your reports and experiences at the time of the abuse. Experts are called “expert witnesses,” but they might not be eyewitnesses at all. Nevertheless, experts can be called on for testimony about many medical and scientific issues related to a sexual abuse case.

Call our sexual abuse victim lawyers at The Law Office of Andrew Shubin for a free case review by dialing (814) 826-3586.

Can Expert Witnesses Testify in Sexual Assault and Abuse Cases?

Expert witnesses may testify in almost any case that requires some sort of expert skill or knowledge. As long as the attorney introducing the expert can prove that the witness qualifies as an expert under the relevant standards, the witness should be able to provide testimony.

Medical Experts

Medical experts are common in sexual abuse and assault cases. Victims are often badly injured as a result of the assault or abuse, sometimes severely, and they may seek help from doctors. Medical experts can review your medical records related to these injuries and testify as to whether these injuries are consistent with sexual abuse or assault.

Psychological Experts

Many victims of sexual abuse or assault live with serious psychological injuries, sometimes for years after the abuse or assault occurred. To prove your claims for non-economic damage related to mental and emotional distress, we may need to have a psychological expert testify.

This expert may review your psychiatric or mental health records and conduct their own evaluation in an interview with you. They may be able to support your claims of psychological injuries, helping you get the compensation you deserve.

Forensic Experts

Criminal investigations are very high-tech and sophisticated today, and forensic evidence is more advanced than ever. As a result, many cases, including cases related to sexual abuse or assault, rely on testimony from forensic experts.

For example, if our evidence involves DNA, blood samples, hair analysis, or other forensic testing, we likely need a forensic expert to explain the evidence and what it means.

What Are Experts Allowed to Testify About in Sexual Assault or Abuse Cases?

Experts may testify about far more than ordinary witnesses. Not only can they testify about their findings after reviewing facts and evidence, but they may also offer opinions about the case.

How the Abuse Occurred

Sexual abuse can be difficult to prove. While a plaintiff might demonstrate that they have physical injuries, it is harder to prove that these injuries were caused by sexual abuse. An expert witness, like a medical doctor who frequently handles patients with sexual abuse-related injuries, may analyze the evidence and your injuries and testify about how they likely occurred. This is crucial in cases when defendants claim the abuse did not occur, as an expert might be able to prove just by looking at the injuries that sexual abuse did indeed occur.

Severity of Injuries and Damages

Certain experts may also testify about the severity of your injuries. A medical expert might review your medical records and testify about how you were hurt and what likely caused the injuries. This is crucial in sexual abuse cases where we might need an expert to explain to a jury how your injuries are consistent with sexual abuse.

Expert Opinions

Experts can testify about more than just facts. They may also offer opinions about certain aspects of the case.

Expert witnesses may explain who they believe is responsible for the abuse. Normally, witnesses may not offer opinions. They may only testify about facts they observed in relation to the case. An expert witness can offer an opinion as long as it is based on their scientific knowledge, skills, and evidence from the case.

For example, based on forensic evidence like DNA, a forensic expert may offer their opinion that the defendant is likely the person who committed the sexual assault or abuse.

How Expert Witnesses May Prepare to Testify in a Sexual Abuse or Assault Case

While expert witnesses can be very helpful in sexual abuse cases, they need time to review evidence and prepare their testimony.

Reviewing Records and Reports

A major component of an expert witness’s job is to review the records and evidence of the case. When an expert witness testifies, they must base their testimony and opinions on the facts of the case. This may involve applying certain scientific or investigative principles to the facts. Still, things like police reports, witness statements, and other records or evidence must be made available to expert witnesses.

Interviews and Evaluations of the Victim

Many expert witnesses need to speak with victims of sexual abuse as part of their preparations. For example, a medical expert may need to conduct a physical exam. A psychiatric expert may need to interview you before they testify about how the abuse affected you. You may also have to be evaluated by expert witnesses from the opposing side.

Independent Research

While an expert witness must base their opinions on the facts of the case, they may conduct independent research to better understand the case and how to analyze the evidence. This tends to come up in more complicated cases or where scientific findings are more open to interpretation. The expert should be prepared to explain the research they conducted and how it applied to the case.

What Other Witnesses Can Testify for You in a Sexual Abuse Claim?

Most injury cases will have witnesses, especially if the accident occurred during the daytime in a public place. However, sexual abuse cases often happen in private and behind closed doors, with the abusers intentionally isolating their victims and preventing witnesses. Even so, there are a few different types of witnesses who can testify and whose knowledge about what happened can help you prove your claim.

You (the Victim)

As the victim, you will essentially be the primary witness in your case. You know what happened to you; you experienced it, and you can tell the jury directly about everything you know. Our sexual abuse victim lawyers will usually want to call you as a witness in your own case, but we understand that this might not be possible.

Discussing what happened to you can result in re-traumatizing a sexual assault survivor, potentially making them relive what happened and increasing their pain. As such, we will sometimes be able to push the defendant to settle the case so that you can avoid testifying entirely or else supply evidence through other witnesses to avoid the need for you to take the stand. Sometimes, victims cannot remember the events or were drugged or unconscious at the time of the abuse, making their ability to testify directly about events unlikely.

Eyewitnesses

People who actually saw the assault or abuse take place can testify about what they saw happen. This is incredibly helpful information to have, especially if the witness has no prior relationship with you and testifies in total agreement with your own claims. This kind of corroboration is excellent evidence to provide in a sexual abuse claim.

Eyewitnesses can say what they saw, but they might have trouble testifying about what they thought or what they heard. Witnesses are supposed to stick to the facts, not their opinions about what happened. Additionally, statements made out of court are often considered hearsay and are not permitted in evidence. However, exceptions – such as statements by the defendant – fall outside this restriction.

Witnesses with Circumstantial Evidence

Many times, witnesses come too late or miss the actual abuse taking place. But they can nonetheless provide excellent testimony about what happened by telling the court about the circumstances surrounding your abuse.

People often use the phrase “circumstantial evidence” to dismiss evidence as weak or invalid, but that is not at all how the law treats circumstantial evidence. The phrase “circumstantial evidence” is merely used to differentiate it from direct evidence. So instead of being direct evidence of the events, circumstantial evidence is evidence of the circumstances surrounding what happened, allowing the jury to draw their own conclusions about things with little or no direct evidence.

For example, a nurse in an emergency room who performed a “rape kit” on a victim can testify about bruises, the presence of bodily fluids, and the victim’s shaken condition after the events, all of which are circumstantial evidence indicating that a rape occurred. In other situations, a witness might be a parent testifying that a child victim’s mood or attitude changed or that they noticed bruising on their child after they were alone with the abuser.

Corroborating Witnesses

Witnesses can also include people that you told about the abuse, or witnesses that saw or experienced similar circumstances or abuse from the same defendant. However, their use might be limited by the Rules of Evidence in your state.

Many sexual abuse accusations are dismissed by people claiming that the accusation came out of nowhere or that it was recently fabricated. If you told someone about the abuse when it happened, and they remember that conversation years later, that can help prove that you were not making up the claim now. However, hearsay rules might limit how we can use their testimony.

If another abuse victim was abused by the same defendant in a similar way, under similar circumstances, their testimony can help in your case, too. We can attempt to use this evidence to show that the pattern and methods match what happened in that case, making it more likely that the same person was responsible. However, we cannot usually use their testimony to prove that a defendant’s past responsibility means that they were responsible for this case, too.

FAQs About Expert Witnesses Testifying in Sexual Assault and Abuse Cases

Can Expert Witnesses Testify in Civil Cases of Sexual Abuse?

Yes. Expert witnesses may testify in almost any case where scientific or specialized knowledge is required to understand the issues in the case. Many sexual abuse cases involve expert testimony.

What Kind of Expert Witnesses Testify in Sexual Abuse Cases?

Experts, including medical professionals, psychiatrists, and forensic scientists, often testify in sexual abuse cases. Depending on your specific situation, other or additional experts may be necessary.

Do All Sexual Abuse Cases Require Expert Witnesses?

Not necessarily. While experts may be required when evidence calls for someone with scientific or specialized knowledge to explain it, not every case needs expert witnesses. Your attorney can help you decide if an expert is necessary after review all the evidence.

Where Do I Find an Expert Witness for a Sexual Abuse Case?

Many experts work in scientific fields related to their area of knowledge. Medical experts are often working as doctors, and forensic experts may work for the police. Your attorney should know where to find experts needed for your case.

How Do Experts Develop Their Testimony in a Sexual Abuse Case?

Expert witnesses often must review facts and evidence of the case before they can render an opinion. This may involve reviewing medical records, police reports, witness statements, and more.

How Much Does it Cost to Hire an Expert Witness for a Sexual Abuse Case?

Unfortunately, experts do not normally come cheap. How much an expert witness’s time and effort costs will depend on their field and what kind of work is required to prepare their testimony.

Call Our Sexual Abuse Lawyers for Help with Your Case

For a free, confidential case evaluation, contact The Law Office of Andrew Shubin’s sexual abuse victim lawyers at (814) 826-3586 today.