Common Defenses in Maryland Civil Sexual Assault or Abuse Cases and How Survivors Can Overcome Them
Survivors of sexual abuse or assault in Maryland have the right to not only pursue a criminal case against the offender(s) but also a civil claim. Civil claims are aimed at holding perpetrators and institutions accountable and securing financial compensation for the harm caused. However, often, defendants in civil sexual abuse or assault cases try to evade responsibility by presenting legal defenses. Understanding the common strategies defendants use is vital for anyone considering filing a lawsuit. With the right legal approach, it’s possible to contest any defense and get the justice and compensation you deserve. In this article, we look at some of the most common defenses in Maryland sexual assault or abuse cases and how survivors can overcome them.
Common Defenses in Maryland Sexual Abuse/Assault Cases
From this point onward, we will use the terms “assault” and “abuse” interchangeably.
In Maryland civil sexual assault cases, defendants raise several defenses aimed at helping them avoid accountability. Here are some of the most commonly used defenses;
- Innocence
One of the most common defenses in civil sexual abuse cases is to challenge the allegations. Some defendants claim that the allegations are false, fabricated, or driven by an ulterior motive. Usually, defendants do this to try to discredit the survivor’s account of what happened.
Conducting a thorough investigation can help you overcome this defense. An attorney may use the following to establish your credibility;
- Witness testimony
- Surveillance footage
- Inconsistencies in the defendant’s account
- Consent
It is also common for defendants to claim that the encounter was consensual. The defendant may also argue that there isn’t enough evidence to prove that the victim did not consent to the encounter. Consent can be a key point of contention in sexual assault cases.
You can present evidence that shows the encounter was not consensual, such as;
- Witness testimony
- Texts and emails
- Medical evidence
- Psychological evaluations
- Statute of Limitations
This defense involves arguing that the claim is time-barred. In Maryland, adult survivors generally have three years from the date of the incident or the date they discover the harm to file their lawsuit. However, the Maryland Child Victims Act allows survivors of childhood sexual abuse to file a claim at any time.
- Mistaken Identity
Some defendants argue that the plaintiff misidentified them as the perpetrator.
Consistent identifications and strong evidence linking the defendant to the scene of the assault can help you overcome this defense.
- Alibi
Often, the previous defense goes hand-in-hand with the alibi defense. The alibi defense involves the defendant arguing that they were somewhere else at the time of the abuse, making it impossible for them to have committed the act.
If possible, present evidence that contradicts the defendant’s alibi, such as surveillance footage and witness testimony.
- Lack of Evidence
Finally, the defense may argue that the claimant does not have enough evidence to meet their burden of proof. In a civil sexual assault case, you are required to prove your claims by a “preponderance of the evidence,” which entails showing it is more likely than not that the assault occurred.
You can beat this defense by working with an attorney to gather as much evidence as possible to support your claim.
Contact a Towson Sexual Abuse Lawyer
An experienced Towson sexual abuse lawyer at Hardball Law can help you file your sexual abuse or assault claim and challenge the defendant’s defenses head-on. We can help you get the justice and compensation you deserve. Contact us today to schedule a consultation.
Source:
peoples-law.org/maryland-child-victims-act-removing-time-limitations
