Will I Have to Testify in My Sexual Abuse Case?

If you are pursuing a sexual abuse claim, whether or not you will need to testify can depend on several factors, including the specific circumstances of your case and whether it goes to trial. Many sexual abuse cases are resolved through settlements before reaching trial. 

In such cases, your testimony in court may not be required. Settlements can provide a way to obtain compensation without the emotional stress of a trial. Our New York sexual abuse lawyers can negotiate on your behalf to reach a satisfactory settlement with the defendant.

Testimony Serves as Evidence

To prove you have a claim to the court or an insurer, your lawyer will need to know what happened to you. They’ll use it to find evidence that matches what you say to build your case before filing a sexual abuse lawsuit.

If your testimony and supporting evidence are strong enough, you may only need to share what you experienced with your lawyer. The other side may settle to keep your story from reaching the public or to avoid the legal headache of going to trial.

When you tell your story to your lawyer, they may have someone there to witness your statement so that the opposing side can verify that you did say what you said. If your statement to your lawyer isn’t enough to settle, your lawyer will file a personal injury lawsuit.

Deposition in Sexual Abuse Cases

In a deposition, your lawyer and the opposing lawyer will ask you to testify under oath to establish the facts of the case and whether you’re trustworthy. Both sides will question you about your statement, and a court reporter will record what is said for the court record.

There are ways that your lawyer can help support your emotional needs while you give your testimony.

• Negotiate limits with the other side about what questions can be asked to avoid intruding too far into your privacy.
• Ask the court to allow you to have a counselor or someone to support you during your deposition.
• Ask the court to issue a protective order to make the deposition confidential and protect your privacy.

Deposition is part of the discovery process. The other side may settle once they hear your story and weigh it against the evidence. If they still won’t settle, both sides will use your statement and other evidence to build their legal strategies.

Testifying at Trial

If your case goes to trial, you may be required to testify in your sexual abuse case. Testifying in court allows you to present your story to the court and the jury. The court is aware of the sensitive nature of sexual abuse cases and can offer certain protections to help reduce stress and exposure.

These may include:

• Closed courtroom: At times, the court may allow testimony to be given in a closed courtroom, limiting the number of people present.
• Use of screens or video links: Some jurisdictions allow victims to testify behind a screen or via video link to avoid confrontation with the defendant.

The court may also let you and your lawyer decide whether to testify. Your lawyer can help you weigh the pros and cons of testifying for your case, prepare for testifying so you can give a strong statement, and deal with cross-examination questions.

What Happens to My Testimony Afterward?

This will depend on your case. Normally, testimony in depositions and trials becomes part of the public record. However, some parts or even all of it could be sealed to protect your privacy. This would keep what you said private unless a court order allows access, like for a future case.

Local courts also have retention periods for how long they’ll keep your records. After that, your testimony may be archived or destroyed. Settlement agreements and non-disclosure agreements may also limit what can be disclosed about your case.

In some cases, like with high-profile plaintiffs or defendants, the media may report on portions of your testimony, and there may be pressure to release information that’s in the public interest. These must be considered on a case-by-case basis.

What Will My Lawyer Do With My Evidence?

All legal professionals are bound by ethical rules about the handling of evidence, especially with sensitive evidence like sexual abuse testimony. Your lawyer may be bound by legal requirements and specific court orders about what to do with evidence.

Your lawyer either keeps evidence for a while, returns it to you, or disposes of it. Testimony usually needs to be kept for some time in case of future litigation. For example, if your abuser targeted multiple victims, your past testimony may be used to help another victim.

After the retention period has passed, and assuming no court orders have extended the retention period, your statement will be destroyed under secure guidelines to prevent your information from becoming public.

Contact a Sexual Abuse Attorney Today

At the very least, you will need to testify to your lawyer so they will know if you have a case and how to approach it. If a settlement cannot be reached, you may have to give a deposition or, more rarely, testify in court. It will depend on your case.

If you are uncertain about whether you will have to testify in your sexual abuse case, ask your lawyer for guidance. If you are considering a sexual abuse claim and have further questions about whether you need to testify, contact Morelli Law to get answers.