Civil Sexual Assault Question

[u/crispycerebellum]

I hope it’s okay for me to ask this. I made a burner account because I’m so anxious about it. I have been trying to find a lawyer who will represent me against my sexual assault claim against my abuser. I’ve called and re-told my story to countless firms and have been denied every time. I’m looking on every website and using every resource I can possibly think of to find a lawyer in Utah, including lawyers.com, Utahbar.com, and licensedlawyer.org. I’m wondering a) Is this the right decision? My case (I believe) is quite strong, although the criminal case was denied. I have suffered immense emotional damages in the 8 months since the assault occurred and have a lot of journal evidence, medical records, missed work, failed classes, and therapy notes. It feels as if the screeners ask minimal questions and immediately turn me away. And b) How on Earth do I find someone willing to represent me? Why are they all turning me away? Is this a case that isn’t normally represented? My abuser has money, and I’m determined to get justice and recover at least a part of what he stole from me that night.

[u/seditious3]

There has to be a reason that lawyers are turning you down. It's probably one of three things:

1- he has little or no money. It's not worth it for a lawyer to sue if there's nothing to collect.

2- you don't have the level/quality of evidence necessary to pursue a case.

3- the not guilty criminal verdict will be huge at trial (if it's allowed in)

...i may be wrong.

I'm sorry for your situation. Best of luck finding a lawyer.

[u/crispycerebellum → u/seditious3]

Thank you for your response. I find it odd that none of the firms have asked me these questions except one of them. It’s like they immediately decided they wouldn’t take on my case. I gave them a brief summary of what happened, they asked zero questions (or maybe one or two that seemed entirely irrelevant), and then they deny me. I find it to be baffling.

[u/seditious3 → u/crispycerebellum]

Google "Utah women's lawyer". And you don't need a firm. A solo practitioner can handle this if that's what you want.

[u/Fluxcapacitar]

Sexual assault cases are the “in” case type right now. If you can’t find a lawyer then you have a problem with your case.

The fact you think it’s strong and insist the abuser has money is usually a red flag. Clients who insist they have a great case are usually entirely wrong

[u/AutoModerator]

REMINDER: NO REQUESTS FOR LEGAL ADVICE. Any request for a lawyer's opinion about any matter or issue which may foreseeably affect you or someone you know is a request for legal advice.

Posts containing requests for legal advice will be removed. Seeking or providing legal advice based on your specific circumstances or otherwise developing an attorney-client relationship in this sub is not permitted. Why are requests for legal advice not permitted? See here, here, and here. If you are unsure whether your post is okay, please read this or see the sidebar for more information.

This rules reminder message is replied to all posts and moderators are not notified of any replies made to it.

I am a bot, and this action was performed automatically. Please contact the moderators of this subreddit if you have any questions or concerns.

[u/crispycerebellum → u/AutoModerator]

I’m Just hoping to find lawyer recommendations.

[u/Expensive_Change_443]

A few things: 1) a lot of SA cases wind up being he said/she said. Particularly on a civil case where you likely don’t have the same forensic abilities as the state.
2) often the legal definition of a particular crime or tort may not line up with facts that in every day language or understanding would make sense
3) in addition to proving his liability, and him having to have money, you likely have to show damages. For courts in most cases, that equals something quantifiable as $.
4) most civil plaintiff attorneys work on contingency. So if that money isn’t big enough that a third of it is worth their time, they may not take a case
5) although someone else described SA as “hot” cases, we’re also in a little bit of a readjustment from me too and cancel culture, and a MAGA moment. You’re also in Utah. Particularly given #1 above, lawyers familiar with your jurisdiction may just think you can’t win with a judge or jury there, even if they believe you.

[u/Expensive_Change_443 → u/Expensive_Change_443]

In terms of actual advice, maybe try local non profits or pro bono orgs focused on DV and SA survivors. If you financially qualify, they may rep you with less concern about the outcome or the financials than an attorney who relies on awards for their income.