After a traumatic experience like sexual assault, making decisions about how to proceed is overwhelming. Among all the uncertainty, one question often stands out: Should you file a police report? In the context of a civil case, this is a significant step. Here’s why:
Establishing a Record: Filing a police report creates a record of the incident, which can serve as crucial evidence in civil proceedings. The details documented in the police report can help substantiate the survivor’s claims and establish the timeline, circumstances, and nature of the assault.
Efficiency in Investigation: Civil proceedings generally require collecting evidence, witnesses, and documents related to the assault. A police investigation can expedite this process by locating some of the evidence needed for a civil case.
Leads to Discovery: In civil proceedings, both parties have the right to gather evidence through a process known as discovery. A police report can lead to the discovery of additional evidence or witnesses that can strengthen the survivor’s case.
Statute of Limitations: Civil lawsuits have a statute of limitations, which sets the time within which a lawsuit may be filed. Filing a police report can help establish the date of the incident, which will aid in complying with the relevant statute of limitations.
Influence Settlement Negotiations: If a civil lawsuit leads to settlement negotiations, the existence of a police report can influence the negotiations in favor of the survivor. It demonstrates a willingness to pursue legal action and can apply pressure to the defendants.
If you believe the negligence of an individual or entity could have caused your sexual assault, contact an attorney at Abraham, Watkins, Nichols, Agosto, Aziz & Stogner by calling 713-222-7211 or 1-800-870-9584. We will review your case for free and help you navigate your next steps.