What Survivors Should Know Before Contacting a Sexual Assault Lawyer

Before contacting a sexual assault lawyer, you should know that consultations are confidential, you don’t need proof of sexual assault to seek legal advice, and civil cases are separate from criminal proceedings. Reaching out for legal help after sexual assault takes tremendous courage, and knowing what to expect before your first conversation with an attorney can make the process feel less overwhelming. 

Do Survivors Need Proof Before Contacting a Sexual Assault Lawyer?

Survivors do not need police reports, medical records, or physical evidence to have a conversation with a lawyer. They will evaluate the case based on your account of what happened.

If you didn’t report what happened to the police, didn’t get a medical exam, or waited before seeking help, you may still have legal options. Some potentially helpful information you may want to share with the attorney includes:

• Any communications related to the assault: Be ready to discuss any text messages, emails, or in-person communications with the perpetrator (or other relevant parties).
• Medical records: If you received treatment after the assault, the lawyer may want to review medical documentation.
• Personal notes related to the assault: You might prepare a written account of what happened and how the assault has affected you, if you feel comfortable preparing one.
• Relevant police reports: If you reported the assault, you might prepare the resulting police report and other documentation from law enforcement officials.

Remember that none of these are required to have a conversation with a lawyer. Attorneys understand that assaults are disorienting, difficult experiences. If you have only your account of the assault and how it has affected you, that is sufficient for a case evaluation.

Consultations Are Confidential

When you contact an attorney, that conversation is protected by attorney-client privilege. The Missouri Rules of Professional Conduct state that an attorney may not reveal information regarding a client’s representation, except under very specific circumstances. Kansas has the same rules requiring confidentiality. Your conversations about the assault will remain between you and the attorney. 

You May Pursue a Civil Case Regardless of Criminal Proceedings (or a Lack Thereof)

You might wonder if you need to report to the police or press criminal charges before pursuing a civil case. The answer is no. Civil and criminal proceedings are completely separate.

• Criminal cases involve the state prosecuting the perpetrator, potentially resulting in jail time or other legal consequences
• Civil cases involve you suing for compensation for harm suffered due to the assault

You can pursue a civil case even if criminal charges have not been, or are never, filed. Even if a criminal case has been dismissed or if the perpetrator was acquitted, you may have grounds to pursue civil action. 

Questions You Might Ask During Your Consultation

While most sexual assault survivors are not quite sure what to expect during a consultation, you might think about questions you want to ask. Some common questions sexual assault attorneys hear are:

• Have you handled sexual assault cases before? Ask about specific practice areas, not just general personal injury work.
• How do you approach this specific type of case? Attorneys should demonstrate sensitivity to your trauma and an apparent understanding of how these cases differ from typical injury claims.
• What’s the likely timeline for resolving my case? While no one can predict exactly how long a sexual assault case will take, attorneys can outline the likely stages of your case and what you can expect at each stage.
• What are the potential outcomes? Your lawyer may explain both best-case and realistic scenarios to help you make informed decisions and understand the goal of pursuing such a case.

A lawyer may also address details specific to your assault and any civil case that arises from that assault. 

Call a Kansas City Sexual Assault Lawyer Today to Discuss Your Options for Justice

There is no better time than right now to seek help. Call Wendt Law Firm today at (816) 531-4415 or contact us online for your free, confidential consultation with our Kansas City sexual assault lawyer. Our team understands the sensitivity and urgency required to lead cases like yours.