Will I Have to Testify in My New York Civil Sexual Assault Case?

Pros of Testifying in a Civil Sexual Assault Trial

It can help to speak with professionals who specialize in trauma and victim support. They help survivors assess their readiness to testify and provide resources to cope with any emotional challenges.

Benefits of providing testimony in your case include:

• Support for the Case: Testifying in a sexual assault civil case can be a powerful way to support your allegations. Testimony invites survivors to share their personal experiences, emotions and details of the incident, which can help establish case validity. Even small details — like the color of the wallpaper or the type of cigarette the perpetrator smoked — can corroborate the story.
• Emotional Catharsis: Some survivors find that testifying provides a sense of closure and catharsis. It can be an opportunity to speak their truth and confront their assailant.
• Empowerment: Taking the stand can be empowering for survivors. It allows them to exercise agency and regain control over their narrative on the path to reclaiming a sense of power and self-worth.
• Plaintiff Fears of Testimony are Common Many fears of testifying are based on false assumptions, myths, and lack of knowledge about the legal process. Our experienced NYC sexual assault lawyers will encourage survivors to ask questions before trial and will provide essential information every step of the way to ease anxieties about testifying.

That said, survivors are commonly worried about:

• Re-Traumatization: Testifying can be an emotionally and psychologically grueling experience. Reliving the trauma can lead to re-traumatization, which can have lasting effects on a survivor’s mental health.
• Privacy Invasion: Testifying can feel like an invasion of privacy, as personal details of the assault and the survivor’s life may become public knowledge. Some may worry about how they will be portrayed or discredited during cross-examination.
• Pressure and Fear: Questioning from the opposing counsel can make survivors feel vulnerable and out of control. Survivors may experience intense pressure and fear, including the fear of retaliation or intimidation from the perpetrator or their supporters.

Limited Alternatives to Testifying in Civil Court

There are some limited situations that could potentially take live testimony off the table or at least limit the scope of certain lines of questioning.

Such instances include:

• Settlement: Many sexual assault civil cases are resolved through settlements, where the survivor and the defendant agree to a compensation amount without going to trial, thereby avoiding the need for in-court testimony.
• Deposition: In some cases, testimony may be provided through a pre-recorded deposition statement taken outside of court. This can be less intimidating than testifying in open court.

Rheingold Giuffra Ruffo Plotkin & Hellman LLP: Trusted NYC Sexual Assault Attorneys

There is nothing easy about sexual assault cases with survivors being compelled to relive arguably the worst moments of their lives in front of their attackers and other strangers. With that always top of mind, our clients’ well-being is a priority at Rheingold Giuffra Ruffo Plotkin & Hellman LLP.

We will be by your side through every stage of litigation—including during your testimony— whether you give it live or in deposition. For more information about how we can help, please contact us for a free, legal consultation.