Reaching out to a lawyer after experiencing sexual violence is never easy. Many survivors are still processing the trauma, caring for their physical and emotional well-being, and seeking necessary medical attention, all while handling the heavy weight of what happened. It is completely normal to feel uncertain about the next steps or hesitant to share your experience with someone else during this time.
If you are trying to decide whether to pursue criminal charges or understand your legal rights, asking the right questions will provide some clarity during such a difficult time in your life. These conversations will not only go over legal strategy, but they will ensure your story is heard, your boundaries are respected, and the perpetrator is held responsible for the harm they caused.ย
As a sexual assault victim, you deserve a lawyer who listens without judgement, explains matters with care, and supports you from start to finish. To learn how to hire the right one, you should consider asking important questions that will make you feel comfortable selecting them as your legal representative.
1. How Long Have You Been Handling Sexual Assault Cases?ย
It is important to know how long a lawyer has been working with survivors of sexual assault, sexual harassment, and sex abuse. This is because certain cases that involve trauma can be complex and sensitive. Affected individuals are encouraged to ask attorneys if they have any experience with both criminal and civil lawsuits.
Criminal cases are sought out by local authorities and prosecutors in court, seeking to hold perpetrators accountable for crimes, like rape (Penal Code ยง 261), sexual battery (PC ยง 243.4), sexual acts with minors (PC ยง 288), or sexual harassment (California Government Code ยง 12940). Civil cases focus on lost wages, medical bills, and emotional distress.
Knowing that your attorney has helped victims in both criminal proceedings and civil court will show their ability to navigate the complications of the law and help survivors seek justice, fair compensation, and closure.
2. What Types of Sexual Assault Cases Do You Typically Handle?
Sexual assaults occur in public and private settings, more specifically in workplaces, schools, institutions, and even in online environments. An experienced attorney should be able to take on:
- Criminal cases, where they hold the perpetrator responsible in court. This involves working closely with police and other authorities.
- Civil cases, where the alleged victim can submit a claim to recover lost wages, medical bills, and psychological harm.
- Cases pertaining to sexual harassment, workplace misconduct, or inappropriate sexual behavior that may not meet the level of a criminal offense, but will still require legal action.
This question will help you figure out whether the lawyer’s experience fits with the specific type of harm you or a loved one experienced, and if they would be able to understand the unique challenges survivors may undergo.
3. What Is Your Success Rate or Track Record in Cases Like Mine?ย
A survivor will need to know whether an attorney has extensive experience managing sexual abuse cases, especially if it involves trauma, credibility complications, and sensitive sexual behavior evidence. When sexual assault occurs, the legal process can be intimidating, and choosing an experienced lawyer with a strong background will help ensure the victim of sexual assault does not become re-traumatized during criminal proceedings or a civil case.
A proven track record will show how often the lawyer helped survivors of sexual violence seek justice, hold a perpetrator accountable, or get fair compensation on the victim’s’ behalf. When it comes to criminal court, success may involve guiding cases to a conviction beyond a reasonable doubt. Whereas in a civil lawsuit, the outcome should consist of recovering damages for therapy, lost wages, medical bills, and long-term emotional distress.
Since sexual abuse can be deemed as a serious crime, knowing an attorney’s history will ensure you are choosing someone who has the skill and experience needed to better your likelihood of acquiring the justice and compensation you deserve.
4. What Are My Legal Options in This Situation?
If you are a sexual assault victim, you may have legal options available depending on the situation. Criminal cases are brought by the government through police and prosecutors to determine whether crime was committed and to ensure the perpetrator is held accountable. Such cases will require proof beyond a reasonable doubt in criminal court, and the outcomes may involve jail time, fines, probation, and other penalties.
A civil case is initiated by the sexual assault victim themselves to seek fair compensation for the harm suffered. These are decided in civil court and will require a lower standard of proof. Filing this type of case will not result in criminal punishment, but can consist of financial recovery and recognition of the victim’s legal rights. Survivors may pursue both simultaneously in order to hold the perpetrator legally accountable and to address the harm caused.
Throughout this process, survivors may also reach out to the National Sexual Assault Hotline, which is run by the Rape, Abuse & Incest National Network (RAINN). They provide a free and confidential consultation to seek emotional support and guidance while you navigate your legal options. You can reach them by calling (800) 656-HOPE, starting an online chat, or texting HOPE to 64673.
5. How Long Do Cases Like Mine Usually Take to Resolve?ย
Criminal cases and civil lawsuits can take much longer than expected to settle. When a person reports that they were sexually assaulted, the process may involve ongoing investigations, evidence collection, witness interviews, and even court delays. Timing will also be affected by the following elements:
- Medical evaluations
- Documentation of bodily harm
- Proving personal injury
- Negotiation settlements
- Scheduling backlog
- Whether the perpetrator contests the charges
Understanding the duration of the case can help survivors manage expectations, prepare for a long process, and stay connected to support resources that will help them maintain symptoms of emotional distress or post-traumatic stress disorder (PTSD).
6. What Challenges Do You Anticipate in My Case?ย
Asking this will help you learn whether your lawyer is being realistic and strategic. Sexual abuse cases will typically consist of the following challenges:
- Delayed reporting
- Lack of evidence
- Denial of wrongdoing
An experienced lawyer should be able to understand the unique challenges that come with proving a serious crime, like rape or sexual assault. If they cannot anticipate potential obstacles along the way, it may indicate their lack of expertise in the matter.
7. How Will You Keep Me Updated About My Case?ย
This matters because communication will directly affect a survivor’s sense of safety and control. Updates ultimately help victims understand what steps are being taken to hold the perpetrator responsible, manage expectations during court delays, and maintain trust with the legal team. Consistent communication is even more important when dealing with the following events:
- Initial meeting with law enforcement
- Major filing deadlines
- Hearing dates
- Settlement offers
- Pre-trial conferences
A lawyer should be detailed about when they will reach out to you, how often updates will be given, and how available they are to answer any questions you may have in regards to your legal rights.
8. Who Else in Your Office Will Be Handling Aspects of My Case?ย
This is asked to understand exactly who will be involved in your legal matter. Many sexual abuse cases require more than one professional. When a survivor seeks justice for being sexually assaulted, multiple people in the office can help gather evidence, communicate with police, prepare filings, and guide the survivor through the trial process. Knowing the full team will help you build trust and ensure you know who is handling sensitive information.
9. Do You Handle Cases on a Contingency Basis, Hourly Rate, or Flat Fee?
Many lawyers manage sexual assault cases on a contingency-fee basis, meaning you do not have to pay anything unless the firm wins your lawsuit and recovers damages. This allows survivors to pursue justice without having to worry about any financial barriers. Getting clarity on legal fees ensures transparency and prevents added stress to what the victim is already dealing with.
10. Can You Connect Me With Counseling Or Support Services if Needed?
Survivors may experience PTSD, anxiety, or depression after being sexually assaulted, abused, or otherwise harmed. A responsible attorney would be able to connect you with trauma-focused therapists, the national sexual assault hotline, or local crisis response teams. Asking this question will also show whether the firm values such care beyond the courtroom. Support services will help survivors seek emotional support, and maintain stability during the legal process.
11. How Do You Help Protect My Privacy During the Legal Process?ย
A survivor should know how the firm will protect medical files, therapy notes, and identifying information that could otherwise show up in public records. Privacy protections may involve:
- Filing motions to seal documents
- Limiting disclosure of mental health information
- Ensuring safe communication channels
- Advising you before you communicate with police or local authorities
Privacy protections influence your willingness to move forward and your ability to engage in the process without fear in mind. Asking such questions will ensure the lawyer prioritizes discretion, understands the sensitivity of sexual assault cases, and has a plan to keep vulnerable information out of the public eye as you seek justice.
West Coast Trial Lawyers Represents Survivors of Sexual Assault
Facing the decision to take legal action after assault or abuse is challenging. Our sexual assault attorneys at West Coast Trial Lawyers are here to provide guidance, protect your well-being, and ensure the perpetrator is held responsible for their actions. We are here to make sure your voice is heard.ย
Contact us today to schedule a FREE consultation by calling (213) 927-3700 or completing our quick online contact form to start your case.
