Don’t delete it: How preserving evidence can strengthen your case

Victims of sexual abuse often believe all they have is their word against the word of their abuser. This is rarely the case, as there are often witnesses to corroborate the victims story and documentation of the abuser’s behavior. Victims are often pressured to delete evidence like messages and photos by their abuser, but they should never erase this critical evidence. These potentially overlooked pieces of evidence can be extremely important in a sexual abuse case.

Let’s challenge the he-said, she-said myth

You’ve heard it before: “Well, it’s he-said, she-said, so we really can’t know.”

It’s a refrain often used to discredit victims of sexual abuse. For these victims, this line of thinking can crush their hopes of receiving justice.

However, the idea that these cases are simply “he-said, she-said” is a misleading myth.

Research consistently shows that false reports of sexual assault are incredibly rare. In other words, the overwhelming majority of victims are telling the truth. We know our clients are telling the truth. Your voice matters.

Your story has legal power

Your voice—your story—your testimony—is evidence.

• Your voice counts when you testify in a deposition.
• Your story counts when the defendant asks the court to dismiss your case and the judge says no.
• Your testimony counts when a jury hears and believes you.

There are witnesses outside the act

Even if no one else saw the abuse, other witness accounts can support your story. For example, your abuser may have regularly taken you to a private location under the guise of helping, mentoring, or counseling you. A witness who observed this behavior corroborates your testimony.

Perhaps you confided in a friend, family member, or colleague about your experiences at the time. Those people can testify about what you told them and when. These seemingly small pieces of evidence can have a tremendous impact on a sexual abuse case.

It is important to preserve tangible evidence

At the same time, tangible evidence of abuse can be incredibly powerful. Furthermore, it’s common for an abuser to push victims to erase evidence. If you have it, keep it.

Maybe you’re reading this and realizing that what’s happening to you is abuse. Pause for a moment. Has your abuser told you to delete messages, photos, or any other documentation of their actions? They may claim erasing these things will protect you. Do not believe them. The only reason someone urges you to destroy evidence is to protect themselves.

Maybe the evidence makes you feel embarrassed or ashamed. That response is extremely common among survivors. Many victims internalize responsibility for what was done to them. Please hear this: the shame is not yours to carry, it belongs entirely to the person who harmed you. The tangible evidence you may fear is actually a source of hope. It is powerful proof of what you endured.

Take heart!

Even if your testimony is the only evidence you have, it still matters. It is real evidence, don’t let anyone tell you otherwise. You can be a credible and compelling witness. Remember, your voice, your story, and your testimony have power.

However, corroborating witness accounts and tangible evidence can strengthen your case. Although there may not be eyewitnesses to your abuse, there could be people who saw your situation. They can corroborate your story. Also, do not delete or discard evidence like messages, photos, and more. Your abuser or someone else may pressure you to erase it, but you should always preserve it.

If you or someone you know is suffering from sexual abuse, contact us today at BozLaw. We understand the dynamics of your situation, and we believe you.