Being a Victim of a Sexual Assault
Craig Smith
American Intercontinental University Online

Abstract
This paper will discuss a victim of a sexual assault who did not report the act to her local police department immediately after it occurred, but has now sought the advice of legal consultation to find out her rights and if she could sue the offender for damages or pursue criminal prosecution as a result of the attack. Just in case the victim was afraid to report the assault she needs to know the Rape Shield Law expressly rule out the use of evidence of a victim's past sexual history to weaken that victim's credibility. This law is intended to protect victims from invasions of their privacy, and to encourage them to come forward without having to fear that their sexual history being used against them to hinder their case in any possible way [ (LaMance, 2011) ].

Being a Victim of a Sexual Assault
After researching the issue of rape and victims’ rights it appears this will be a hard case to prove in both the civil and criminal courts systems. The accusation of rape usually comes down to he said, she said testimonies and because of that rape is a very sensitive subject to be addressed [ (Hill, 2012) ]. Rape is an assault that is so easily committed and often the term is misused and abused by people who want to get back at a spouse or lover. Some people even engage in consensual sex and when things don’t turn out the way they like they claim to be raped. These kinds of situations make it hard for people who have really been the victim of an actual sexual assault. To pursue a civil case there will be deciding factors that play a major role in determining the preponderance of the evidence and clear and convincing evidence to prove that the client was actually raped. A very important issue raised in any case is if the victim was involved in an intimate relationship with the offender at the time of the assault. The preponderance is based on the more convincing evidence and its probable truth and accuracy and not on the amount of evidence [ (Hill, 2012) ]. The fact that the victim did not report her attack immediately after its occurrence would definitely question the validity of her accusations. If the victim is able to show the preponderance of evidence yes she would be able to sue the offender and file a law suit and claim monetary and compensatory damages to help her recover any costs for medical care, counseling costs, pain and suffering, time off from work, and other psychological problems that affects her present and future abilities to maintain personal and family relationships [ (Program, 2004) ].
To make a criminal case the victim would have to prove beyond a reasonable doubt that she was actually raped providing as much evidence as possible. She would have had a much better chance of proving her case in criminal court if she had reported it right away to her local authorities, or called a rape outline because she would have been advised to go to the nearest hospital and have a sexual assault evidence kit (SAEK) performed and this would have provided direct evidence the police would need to collaborate her story and gather DNA to identify the offender for prosecution [ (Gale, 2005) ]. I think one of the most important damages she would receive would help her personally knowing that she was able to make the offender pay financially for his actions as a means of punishment and public acknowledgment because in a civil case the person will not be held accountable to face any amount of jail or prison time.

References

Gale, T. (2005). Rape Kit. Encyclopedia.com. High Beam Research Inc.
Hill, G. a. (2012). Perponderance of Evidence. Law.Com. Fine Communications.
LaMance, K. (2011, November 11). Legal Match. Retrieved from Rape Shield Laws: http://www.legalmatch.com/law-library/article/rape-shield-laws.html
Program, B. C. (2004). Filing a Criminal Lawsuit. Retrieved February 16, 2012, from Understanding the Civil Justice System: http://www.helpandhealing.org/Civil%20Suit.htm