In today’s time, the cases of sexual assault have increased to a great extent in the world, even today there are many such sexual assault cases in which the victim herself withdrew the case or some times even not file an FIR in the police station due to which the accused have not been punished for his sin, the reason of this is the lack of information regarding sexual assault law, even today there are many people who do not know how to keep their side strong during the trials of sexual assault case and based on what evidence the chances of winning the case can increases.
However, by discussing the case with an experienced Florida rape lawyer, we can get all the information about the law related to sexual assault. Today, through this article, we will tell you on what basis the decision of any sexual assault case is determined.
The delay in reporting the case will cause trouble in getting justice.
If the sexual assault victims report the police about the incident after two or three days then it becomes difficult for the police to collect evidence, due to which the victim’s case becomes weak and the attacker can easily escape. At the same time, it has also been seen that due to not filing a complaint of sexual assault on time, the chances of getting evidence of assault at the time of medical examination are reduced. Therefore the sexual assault victim must 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 in the case.
If the attacker is a stranger and the sexual assault victim has never met him before the attack, then she is more likely to win the case. However, if the victim already knows the person who assaulted her, then it is difficult to win the case because in these situations the police get confused that the person reporting about the incident due to some enmity or is actually a sexual assault victim. Because many times the police face the cases where the people file fake rape/assault accusations against any person due to personal enmity.
The chances of winning the case will be higher if the victim was in her sense at the time of sexual assault.
If the victim was in her senses at the time of the sexual assault, then the chances for the victim of getting justice in the case increases because, in such circumstances, the victim better recognizes her rapist, due to which the chances of escape of the attacker are reduced. However, on the contrary, if the victim is sexually assaulted under the influence of intoxication, then the chances of the offender to discharge from the case will increase.
It is believed that in about 30 percent of sexual assault cases in the country, the victims are raped under the influence of intoxication, due to which they are unable to identify their assailant.
Withdrawing the case in between the trial will boost the confidence of the accused to commit such a hideous crime again.
It is often seen that the victims who file a sexual assault case withdraw the case in the middle of the trial, no matter what the reason, but withdrawing the case in the middle of the trial is a very wrong thing because, in such a situation, the assailant can be very easily discharged from the charges and will also be encouraged to again commit such types of crimes in future.
Apart from this, many times the victims do not follow up their case on time due to which the case is dismissed and the accused easily escapes from the charges against him.
Medical examination played a major role in getting justice in the sexual assault case.
Medical examination plays a big role in the investigation of a sexual assault case. Without medical examination, it is very difficult to prove sexual assault, so immediately after filing the report in the police station, get a medical examination done to confirm the accusation because the delay in the medical examination can become an obstacle in getting justice.