If you were a sexual assault victim within the Mormon Church, you may want to think about holding the institution to account for its failures. However, it can be hard to know what evidence of sexual abuse you need to file a claim against the Mormon Church.
If your abuse case happened fairly recently, you may have evidence such as medical reports, a therapist’s report, and witness statements. In some cases, the DNA of the abuser can be used as evidence of sexual abuse to prove a claim. You might have witnesses from when you reported the abuse to the Church.
However, in many cases, sexual abuse happens in secrecy. This means that there are no witnesses, and there is no real or tangible evidence of sexual abuse. This is especially true if the abuse happened years or decades ago. While the burden of proof does rest with the victim of abuse, not having any tangible evidence does not necessarily mean that you do not have a case against an abuser or the Mormon Church.
In fact, the courts recognize that often the only evidence available in sexual abuse cases, especially in older ones, is the testimony and statement of the victim. There is also a distinction between criminal and civil cases. While clear evidence is crucial in order to have someone charged with sexual assault and obtain a criminal conviction, a civil suit does not necessarily require the same amount of evidence.
You could potentially file a civil suit with the aim to recover damages based on your testimony alone. However, if you wanted to also hold the institution of the Mormon Church responsible for either covering up the abuse or shielding an abuser, you will most likely need tangible evidence.
The Problem of Lack of Evidence of Sexual Abuse
When your only evidence is your memory and testimony, having a sexual crimes lawyer by your side can be helpful. Not only can they assess your case fully and advise you on your options, but they will also help you build a case against the abuser on your testimony alone. The courts do recognize that not all victims can present other evidence and will assess the credibility and reliability of your testimony as well as that of the abuser.
Since it will be one person’s word against another, a sexual crimes lawyer can help defend you from any attempts by the other side to undermine your credibility or reliability.
Holding the Church to Account for LDS Abuse Cover Up
In some cases, you will not only want to go after the perpetrator of abuse but also the Mormon Church. This could be the case if you reported the abuse to Church officials and the Church protected the abuser at your expense or the expense of other victims.
If you can prove that the Church had knowledge of the abuse and that any subsequent abuse was foreseeable, you could have a claim. You will have to prove that the institution knew or should have known of the abuser’s inclination to commit sexual abuse. Likewise, if you can prove that you alerted Church officials to the sex abuse, and they tried to silence or even punish you with the consequence that the abuser carried on committing similar offenses, you could also have a case against the Church for LDS abuse cover up.
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Your Sexual Crimes Lawyer Can Fight for You
If you are a survivor of sexual abuse, you deserve justice, and we can help. Your sexual crimes lawyer can help you understand what evidence of sexual abuse you need to file a claim against the Mormon Church in your specific case.
When there is no evidence other than your word against that of your abuser or other Church officials, having a dedicated and professional sexual crimes lawyer by your side can give you peace of mind.
We understand that filing a sex abuse claim against the Mormon Church can be intimidating. However, your sexual crimes lawyer can prepare you extensively for giving testimony in a court of law and make sure to protect your rights throughout the entire process as a sexual assault victim.
Your lawyer can also help prove your case against an abuser and the Church. They can investigate your case and assess your damages, which can be crucial in the fight for the compensation you deserve. You could receive reimbursement of any costs you had as a direct result of any abuse, such as:
- Medical costs
- Psychological counseling
- Lost income and lost earning capacity
Your lawyer will also fight for your right to fair compensation for the emotional anguish and terror that you had to endure. The Rape, Abuse, & Incest National Network (RAINN) details some of the detrimental effects that abuse can have on the lives of survivors of sexual abuse, and the effects are almost impossible to quantify. However, damages can include:
- Loss of life enjoyment
- Emotional distress
- Depression and anxiety
Call Today for a Free Case Evaluation with a Member of Our Team
Call Pintas & Mullins Law Firm for a compassionate and confidential assessment of your sex abuse claim today at (800) 219-9622.
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