Have you ever wondered why the legal system after sexual abuse is so hard?
It’s broken when it comes to sexual violence. Less than 4% of sex crimes lead to a conviction. And in Los Angeles specifically, between 2018 and 2024, only 1.4% of all violent sex crimes ended in conviction.
Here’s the thing:
Without the right legal help, survivors are fighting an uphill battle against a system that was never designed with them in mind. The benefits of a sexual abuse lawyer can change everything. A good attorney knows how to navigate the system and fight for survivors’ rights. This is where specialized firms like Kayla’s Survivors of Los Angeles come in, with the expertise survivors need to hold abusers accountable.
Here’s what you’ll discover:
- Why The Legal System Fails Survivors
- What Makes These Cases Different
- How Attorneys Level The Playing Field
- Your Legal Options & Rights
Why the Legal System Fails Sexual Abuse Survivors
The statistics are staggering.
For every 1,000 sexual assaults, only 50 are reported to the police, and only 28 lead to felony convictions. Only 25 perpetrators are actually sentenced to incarceration.
97% of perpetrators go free to abuse again.
Want to know why the system is this way? The legal system creates intentional and unintentional barriers making it harder for survivors to come forward and get justice. Barriers include confusing filing procedures, strict deadlines and statute of limitations laws, evidence requirements that bias the process towards defendants, prosecutors with limited resources, and powerful institutions who protect abusers.
Here’s something most people don’t realize…
The system was never set up with survivors in mind. It’s built to presume the accused are innocent and protect their rights. The deck is stacked against the survivor.
What Makes Sexual Abuse Cases Different?
Sexual abuse cases are extremely complex.
Sexual abuse is different from other crimes. It’s usually committed in private without witnesses. This creates a “he said, she said” scenario, making it difficult for prosecutors to prove.
Survivors also often don’t report right away due to trauma, fear, or shame. This can create challenges later.
And here’s the kicker…
Survivors face societal bias about their credibility in ways other victims of crime do not. That’s what experts call the “credibility discount” – the extent to which someone isn’t believed when they report a crime.
Sexual abuse cases also involve extremely sensitive and personal information. Survivors have to share traumatic testimony, including details that society deems inappropriate to talk about publicly. There are complex emotional dynamics, institutional cover-ups by schools, churches, and corporations, and multiple legal avenues from criminal to civil cases. That’s why survivors need someone who specializes in these cases.
How a Sexual Abuse Attorney Levels The Playing Field
Sexual abuse attorneys change everything.
Sexual abuse lawyers bring knowledge and experience that transforms cases. They understand trauma psychology, medical evidence, and the legal system. They’re trained in trauma-informed practices, investigative techniques, and navigating complex legal processes.
Here’s what a good sexual abuse lawyer will do:
First, they will investigate by gathering evidence, talking to potential witnesses, and building a timeline that proves the story.
Second, they know about statute of limitations laws. Many states recently changed these laws to give survivors more time to file cases. In California, survivors have until age 40 to file civil claims, or five years after they first know about emotional harm.
Third, they handle the institutions. When abuse occurs in schools, churches, or the workplace, these institutions often have lawyers protecting them. Attorneys fight these organizations for their accountability.
Fourth, they protect survivors from re-traumatization. The legal process can be its own kind of abuse. Good lawyers work to protect clients from additional trauma while building the case.
Understanding Your Legal Options & Rights
Here’s the breakdown:
There are two main legal options for sexual abuse: criminal cases and civil cases.
Criminal Cases
In criminal cases, the state or federal government prosecutes the abuser in criminal court. These cases are about punishing the abuser with jail, probation, sex offender registration, etc.
But here’s the thing: In criminal cases, survivors have no control. The prosecutor is the one who decides whether to file criminal charges or not. And remember those statistics? It’s rare for criminal convictions to happen.
Civil Cases
Civil cases are different. In these lawsuits, survivors file the case, with their attorney’s assistance, to get compensation. This can include medical expenses, therapy costs, lost wages, pain and suffering, emotional distress, and punitive damages.
Civil cases have a lower burden of proof. In criminal court, the prosecutor must prove guilt “beyond a reasonable doubt.” In civil court, it only needs to be proven that it’s more likely than not, by a “preponderance of evidence.”
Pretty cool, right?
Survivors often pursue both criminal and civil legal options. Even if the criminal case doesn’t result in a conviction, a civil lawsuit can still be filed.
The Real Benefits of Working With Specialized Attorneys
Now for the part everyone asks about…
What exactly are the benefits of a sexual abuse lawyer?
They Understand Trauma
Sexual abuse attorneys have training in trauma-informed practices. They understand that survivors may not remember all details or report right away due to trauma. They work with medical and trauma experts to explain these normal reactions to judges and juries.
They Have Resources
Taking on institutions requires resources. Specialized firms have private investigators, expert witnesses, and financial resources for long cases. They also often work on contingency, which means nothing is paid unless they win.
They Know The Laws
Sexual abuse laws vary by state and change frequently. Attorneys who focus on these cases stay up-to-date on new legislation and strategies that work. They know which arguments are successful.
They Fight Institutional Cover-Ups
Sexual abuse cases increased by 62.5% since 2020. Many involve institutional abuse – schools, churches, sports teams, and workplaces who knew about abuse but did nothing.
These institutions have powerful legal teams. Attorneys know how to break through these defenses, find evidence of cover-ups, and bring accountability.
They Give You Control
The legal process is overwhelming. A good attorney guides survivors through every step, clearly explains options, and lets them make informed decisions. Survivors are clients with rights and choices.
What To Expect Working With An Attorney
Here’s how the process generally works…
When first consulting with a sexual abuse attorney, they will listen to the story with compassion and without judgment. They will explain legal options and help decide if/which path makes sense to pursue.
If the decision is made to move forward, they will investigate, interview witnesses, work with experts, file legal documents on time, communicate with the other side, and prepare for testimony. The timeline varies, but having an advocate fighting makes all the difference.
And one crucial thing: There are time limits on when cases can be filed. While many states extended these, waiting too long can negatively impact options. The sooner an attorney is consulted, the better.
Summing It All Up
Survivors navigating the legal system after sexual abuse face an uphill battle. The system creates barriers at every step, and the statistics on how often abusers are convicted show how rare justice is.
The benefits of a sexual abuse lawyer can’t be overstated. Specialized attorneys understand trauma, have the legal knowledge and resources, can take on powerful institutions, and give survivors control of their legal journey.
Whether pursuing criminal and civil legal action, or just one of the two, having skilled legal representation dramatically increases the chances of success in holding abusers and their institutions accountable and getting compensation.
The system is broken, but survivors are not powerless. With the right attorney, complex legal challenges can be overcome and justice can be fought for.
