Nowadays, the cases of sexual assault have increased to a great extent in the world. There are even sexual assault cases in which the victim herself withdrew the case after some time. They might not even want to file the FIR (First Information Report) in the police station, because they might think that the accused won’t get punished for his crime, or the case might get ignored by the police. The reason for this behavior in the victim’s part is often because of the lack of information regarding the sexual assault laws. Even today, there are many people who do not know how to keep their side strong during the trials of a sexual assault case, and they didn’t know based on what evidence the chances of winning in their case can increase.
However, by discussing the case with an experienced Florida rape lawyer, we can get all the information about the laws related to sexual assault. In this article, we will tell you the factors that can determine how the authorities decide regarding a sexual assault case.
- The delay in reporting the case will cause trouble in getting justice.
It will become difficult for the police to collect evidence about a sexual assault case if the sexual assault victim reports to the police about the incident after two or three days, in which the victim’s case becomes weak and the attacker can escape with no problem. Also, there are many cases where the victim minimizes their chances of getting evidence of sexual assault with medical examination because they failed to file a complaint about their sexual assault case on time. Therefore, it is very important for the sexual assault victim to file a complaint with the police on time without delay.
- If the victim knows the accused, then it will reduce the chances of getting justice for the case.
The victim will have more chance to win the case if the attacker is a stranger, and the sexual assault victim has never met him before the attack. However, if the victim already knows the person who assaulted her, then it would be difficult for the victim to win the case, because in these situations, the police might get confused to determine whether the person reporting about the incident has some enmity against the accused or is a genuine sexual assault victim. Many times, the police face the cases where people file fake rape or assault accusations against any person just because of personal enmity.
- The chances of winning the case will be higher if the victim was in her sense at the time of sexual assault.
The chances for the victim to get justice for the case will increase if the victim was in her sense or sober at the time of the sexual assault, because in such circumstances, the victim can recognize her rapist better. This can also reduce the chance for the attacker to escape. However, on the contrary, if the victim got assaulted under the influence of intoxication, such as alcohol, then the chances for the offender to get discharged from the case will increase.
In about 30 percent of sexual assault cases in the country, the victims got raped under the influence of intoxication, in which they couldn’t identify their assailant.
- Withdrawing the case in the middle of the trial will boost the accused’s confidence to commit such a hideous crime again.
Sometimes, the victims who filed a sexual assault case withdrew the case report in the middle of the trial, no matter what the reason. The victim needs to know that withdrawing from the case in the middle of the trial is not the right thing to do. The reason is that in such a situation, the assailant can escape from the charges, and it can also encourage them to commit such types of crimes again in the future.
Also, sometimes, the victims did not follow up their case on time, which resulted in the case being dismissed and the accused got discharged from the charges against them.
- Medical examination plays a major role in getting justice for the sexual assault case.
Medical examination plays a big role in the sexual assault case investigations. Without the medical examination, it is very difficult for the investigators to prove the validity of the sexual assault. So, it is important that the victim needs to get a medical examination done to confirm the accusation after filing a report in the police station, because the delay in the medical examination can become an obstacle in getting justice for their case.