How Long Does a Sexual Assault Investigation Take?
After a sexual assault, the healing process can be incredibly challenging. From dealing with the emotional toll of the trauma to seeking closure, you deserve justice and support.
Survivors have the opportunity to seek justice criminally and civilly. However, before these judgments, a thorough investigation must take place. Each case is different, and the timeline for a sexual assault investigation can vary greatly depending on a variety of factors.
At The Cartwright Law Firm, we handle the civil side of sexual assault claims. We work tirelessly to ensure that our clients receive the compensation and closure they need to move forward. For further insight into a civil claim for sexual assault, contact our experienced personal injury attorneys today to schedule a free consultation.
What Occurs in a Sexual Assault Investigation?
Sexual assault investigations involve a complex and sensitive process that aims to gather as much evidence as possible to hold the perpetrator accountable. How long an investigation takes, whether it be weeks or months, depends on the unique facts of each case.
If there is abundant and compelling evidence, an investigation will move forward more quickly than a case without any leads. Law enforcement and your attorneys can work together to gather evidence and build a strong case against the perpetrator.
Initial Report
You can report the incident to the police or a hospital emergency department. When you report the assault, law enforcement will conduct an initial interview to gather information about the incident and the parties involved.
Law enforcement will ask you to provide a detailed account of what happened, including the time, date, location, and any other relevant details. Additionally, they will collect physical evidence from your person and the scene before it is lost or contaminated.
Gathering Evidence
The process of gathering enough evidence for a case can take days, weeks, or months, depending on if there is evidence available and what kind of evidence it is.
Law enforcement will begin by collecting physical evidence, including DNA samples, clothing, and items from the scene. They will also collect photographs of injuries, the crime scene, and any available surveillance videos. Investigators can also interview any witnesses who were present during the assault or have helpful information. Collecting evidence, like phone records or searching a defendant’s personal belongings, may require additional court approval, which can lengthen an investigation.
After collecting all known evidence, it must be processed and organized, which typically makes up a significant portion of the investigation timeline. For instance, receiving results from forensic DNA testing can take several weeks.
If an investigation is successful and there is enough evidence to confirm the perpetrator and issue a warrant for their arrest, the criminal court process will begin. Then, you will have the option to make a civil claim for damages.
Sexual Assault Personal Injury Cases
In addition to the criminal justice system, survivors can also seek justice in civil court. It is essential to speak with a personal injury lawyer who specializes in sexual assault cases to understand your rights and options for seeking compensation and justice.
Liability in Sexual Assault Civil Cases
A civil case will operate completely separately from a criminal case, and one case does not have any impact on the other. For instance, a defendant can be found not guilty in criminal court but be ordered to pay restitution for damages in a civil court.
In a civil case, there can be multiple named defendants liable, including the perpetrator, entities that failed to prevent the assault, or entities that covered up the assault. A skilled sexual assault attorney can help survivors identify all liable parties and hold them accountable for the harm caused.
Recovering Damages From Sexual Assault
The survivor may recover compensation for damages suffered as a result of the assault. Survivors of sexual assault often require medical treatment and therapy to cope with the aftermath of the assault, and the financial burden of these expenses should not fall on the survivor. These damages may include medical bills, lost wages, and pain and suffering.
Statue of Limitations for Sexual Assault Personal Injury Lawsuits
As of October 2019, California updated legislation on the statute of limitations for sexual assault lawsuits. California AB 218 extends the time limitations for both child and adult sexual assault cases.
Survivors can file a civil lawsuit against their assailants until they turn 40 years old, or five years from the date they discover or reasonably should have discovered a psychological injury caused by the assault.
The new law also provides a more comprehensive definition of “sexual assault,” which includes any sexual conduct that lacked consent, was coerced, or was committed because of a victim’s vulnerability.
Overall, the law is designed to give survivors more time to bring a civil lawsuit against their abusers and strengthen the legal protection for sexual assault survivors in California. It is important to note that this law does not change the statute of limitations for criminal cases, and survivors should report any criminal offenses immediately to the authorities.
How Our San Francisco Personal Injury Lawyers Can Help?
At The Cartwright Law Firm, we understand the devastating impact that sexual assault can have on your life. Our team of skilled attorneys has a deep understanding of the complex laws surrounding sexual assault cases. We will work tirelessly on your behalf to gather evidence, build a strong case, and hold the responsible parties accountable for their actions. We pride ourselves on providing compassionate, client-focused representation to ensure that you feel comfortable and supported throughout the legal process.
In addition to fighting for justice, we can connect you with the resources and support that you need to heal and move forward with your life. Whether you need medical treatment, counseling, or other forms of assistance, we will be there to guide you every step of the way.
At The Cartwright Law Firm, we are committed to helping sexual assault survivors seek justice and compensation. Contact us today to learn more about how we can help you and schedule a free consultation.
