Unfortunately, having to confront their abuser in a court of law can put off sexual abuse victims from filing a lawsuit and getting justice. Just the thought of sitting in one room with the abuser can evoke trauma and fear. However, you do not always have to go to court for a sex abuse claim against the Mormon Church. Your preferences can be taken into account to an extent. In the end, it will be your choice whether to go through with the claim.
Courts understand the predicament that victims of sexual abuse face and the fear that a court case can trigger. They will try to accommodate victims as much as possible, in particular children and vulnerable adults. Even if you do end up having to go to court and trial, you could potentially testify via a video connection or from another room in the court building if you absolutely cannot bear to see your abuser. Your lawyer might be able to negotiate concessions that allow you to feel more comfortable when it does come to a trial.
However, consider that civil cases are often settled out of court, according to the Bureau of Justice Statistics (BJS). In many cases, the defendant and plaintiff, together with their legal representatives, manage to work out an out-of-court settlement. This means that the victim receives compensation, but the case will not be in the public domain, and there will be no trial. While there can be disadvantages with out-of-court settlements, they mean that the victim does not have to see their abuser in the trial.
The Court Process
According to the American Bar Association (ABA), a dispute can be settled at any stage of the process, even before a plaintiff files a lawsuit.
There are various stages in the civil lawsuit process, starting with the plaintiff officially filing the complaint. The defendant will file an answer to the complaint. Then, a judge issues a scheduling order, which is a timeline of when the next stages of the court case will take place, including trial.
Sometimes, parties enter into mediation at this stage before the discovery phase. Mediation can be an alternative to trial, particularly in sexual abuse cases. Mediation can keep the case confidential and out of court, unlike going through with a trial.
If it is not possible to resolve the claim, the next stages of a civil suit will be roughly:
The Discovery Phase
In discovery, lawyers request evidence and certain documents from the other side in an effort to examine all the available evidence closely. Depositions are an important part of the discovery phase and can entail the questioning of the plaintiff as well as the defendant and witnesses. Both sides have the opportunity to examine and cross-examine any deponents.
The Filing of Motions
After discovery, both sides have the opportunity to file motions. At this stage, it is possible to dismiss a case or resolve it with an out-of-court settlement.
The Trial
After the filing of motions, jury selection and trial will take place if the parties were unable to agree on a suitable settlement beforehand.
While in general there are many opportunities for resolving a case before trial, there are times when an agreement between the parties and an out-of-court settlement is simply not possible. If you file a lawsuit, you should be prepared to have to go to court for a sex abuse claim against the Mormon Church, even if a trial may be unlikely in practice.
Settling Your Sex Abuse Case
Especially in sexual abuse cases, it is unlikely that you have to attend court since it is typically in the Church’s interests to settle a case out of court. An out-of-court settlement affords some anonymity and confidentiality. However, when it comes to negotiating an adequate settlement, you should consider hiring a sex abuse lawyer to negotiate fair terms for you.
Your lawyer will protect your rights. It is also important to note that agreeing to an out-of-court settlement means that you will lose your right to legal recourse. Your sex abuse lawyer will try to achieve a settlement that covers all your damages.
For a free legal consultation, call (800) 794-0444
Contact Pintas & Mullins Law Firm Now for Help
You do not have to go through a court case on your own. Having a sex abuse lawyer in your corner can give you the reassurance that someone is looking out for your best interests. If you are hesitant to go to court, your lawyer will try to resolve your case out of court while still fighting for the compensation and justice you deserve.
Call us now for a free consultation with one of our team at (800) 219-9622.
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