Sexual assault can severely traumatize victims and those falsely accused of it. Sexual assault cases may lack substantial evidence necessary to prosecute. Hearsay is one person’s word against another’s in court. Here’s what you know to know about “he said she said” in sexual assault cases.
Sexual Assault Legal Info
Under penal code 243.4, Sexual assault is defined as contact with an intimate part of another person without legal consent.
The Two Types of “He Said She said” Sexual Assault Cases
- The plaintiff and defendant disagree on whether or not the event occurred
- The plaintiff and defendant agree that the event occurred, but interpreted the event differently.
Cases in which the defendant denies that the event occurred
- Dr. A was sued by patient B because they felt sexually harassed during a medical exam. Patient B claims that Dr. A rubbed their genitalia in a sexual manner during a physical exam and then proceeded to ask patient B if they could kiss them. Dr. A denies that this ever occurred, claiming it was a normal medical exam.
- The accused party claims that the accusing party is not telling the truth. The accused party claims they were not with the victim at the time of the incident.
Cases in which the plaintiff and defendant interpreted the event differently
- Party A began to sexually interact with party B because they believed that they had consent to do so. Party B claims that they never provided consent in any manner explicit or implicit.
What Happens if a Sexual Assault Case Lacks Evidence
Oftentimes, prosecution and law enforcement lack enough evidence to build a strong case and reach a guilty verdict. Lacking evidence can include no witnesses, recordings, DNA proof, and even an inability to identify the perpetrator. Out of every 1000 instances of rape, only thirteen cases are taken by a prosecuting attorney, and only seven of those cases result in a guilty verdict. However, a victim may file a civil lawsuit against their alleged assaulter. It is also important to note that reporting provides a chance of a guilty verdict, so choosing to report may be a better option than ignoring the sexual harassment.
Related: How to Report Sexual Assault in California
Psychological testing in sexual assault cases
Another outcome of lacking evidence might be psychological testing. Psychological evaluations and testing may prove useful in determining whether or not a person interpreted the event in an unconventional manner. For example, psychological evaluations can reveal cognitive inability in memory, executive functioning, and language skills that may have impacted an individual’s comprehension of the events.
Personality tests are also used by psychologists to determine the reliability of a plaintiff’s and defendant’s claims. Personality tests can determine whether an individual has perceptions that correlate with individuals who engage in paranoid/delusional thinking. If patterns are identified across several personality tests and psychological evaluations, then the credibility of the report is likely to be reduced.
Furthermore, psychological testing can reveal if the plaintiff or defendant has psychosis (the ability to tell whether an event is real or not). If psychosis is revealed. attorneys may be hesitant to take the case to trial.
However, psychologists must also assess malingering and defensiveness. If the defendant or plaintiff falsifies their mental standing in order to obtain some sort of benefit, the mental test results could be skewed. Applying implicit tests to identify malingering can provide more accurate results. When applied and used properly, psychological tests have been found to be widely admissible in court.
Use of Polygraphs in Sexual Assault Cases
Polygraphs are also extensively used by police during investigations, but many times result in unreliable evidence. Polygraph tests are typically used only to interrogate defendants.
Related: Resources for Sexual Assault Victims in California
Common Outcomes of Sexual Assault Cases
Some sexual assault cases don’t end up going to court. Plea bargains are a common outcome in sexual assault cases. A plea bargain is an agreement between the prosecution and the defendant’s representative; the defendant agrees to plead guilty to a crime in return for a reduction in penalty.
FAQs
What should I do if I am being falsely accused of sexual assault?
If an individual is facing a false sexual assault allegation, countersuing and providing all evidence to prove innocence could prove beneficial.
What should I do if I am being countersued on the ground of defamation?
Collect all evidence to suggest that there are no alternative motives to the accusation and provide all possible evidence that the sexual assault did occur.
What if I am diagnosed with a mental disorder following my psychological evaluation?
It would be best suited for an individual with a mental illness to seek the help of mental health professional.
What should I do if the assault occurred outside of California, but I was on a company trip?
Even if you fail to succeed in a criminal charge of sexual assault, a lawsuit against your employer may succeed.
Contact Her Lawyer
If you or a loved one would like to know more about hearsay in sexual assault cases, contact us. We’ll get you in touch with the most qualified attorney for your unique legal matter. Get your free consultation with one of our experienced sexual assault attorneys in California today!