At Phillips Law Group, we have the utmost compassion for our clients who have survived sexual abuse. You can trust our legal team to fight for your rights, including using your testimony to maximize the value of your claim.
Because our skilled sexual abuse attorneys are not afraid to litigate, it is essential that you understand how survivor testimony impacts sexual abuse cases in court. Stick with us to learn more about the process and the power of your own words.
Yes. A survivor’s testimony is foundational to sexual abuse cases, often acting as the primary evidence in both criminal prosecutions and civil lawsuits. Your (or your loved one’s) recount of the events is essential for establishing the facts of the abuse. In many cases, it is the only evidence available, making the survivor’s credibility a central focus of both the prosecution and the defense.
You can provide testimony through a survivor impact statement at hearings for post-arrest release, pleas, or sentencing. This liberty allows your voice to influence the entire judicial process. However, despite Arizona’s legal protections, survivors often experience triggered memories in court, where their testimony may be questioned, or they encounter victim-blaming behaviors. Under Arizona’s HB2713, you have the right to request that the judge clear the courtroom of all unnecessary persons while you testify, in an attempt to reduce trauma and maintain your privacy.
In 2019, there was a change in Arizona law that allows survivors to sue up to 12 years from the date they discover the abuse, or when they discover the link between the abuse and their injuries. This revolutionary revision makes long-delayed memories actionable while providing additional protections.
Because trauma can cause delayed memory, expert testimony from mental health professionals is often used in conjunction with survivor testimony. This joint evidence can help explain to a jury why a victim may not have immediately recognized or reported the abuse.
Even after reading this guide, understanding how survivor testimony impacts sexual abuse cases could be confusing. Now is the time to consult with a compassionate Phillips Law Group attorney.
We have served Arizona’s community for decades, and we have a location to serve you close to home. Get in touch with us now and start your case with a free evaluation. We have won more than $2 billion for our clients, and you owe us nothing if we do not win your case.
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