Litigating #MeToo Civil Assault Cases: Potential Claims and Defendants, Proving Liability, Evidentiary Issues

With the power of the #MeToo movement, more people are coming forward to report sexual assault and pursue civil remedies against their aggressors. Plaintiff counsel handling such cases face a wide range of legal issues, including evaluating potential defendants and theories of liability, proving liability and damages, evaluating or challenging the admissibility of evidence, and much more.

Plaintiff counsel must have an expert understanding of the unique considerations involved in litigating sensitive areas such as the psychological impact on their client. Courtroom strategy including the use of—and challenges to—lay and expert evidence can significantly impact the outcome and value of a case. Attorneys should also be aware of the unique obstacles involved in civil sexual assault cases such as juror bias, statute of limitations considerations, and immunity concerns.

Listen as our authoritative panel discusses considerations and best practices for personal injury plaintiff counsel when pursuing civil sexual assault cases, from assessing potential claims and defendants through proving liability and maximizing damages.

1. Effectively assessing a potential civil sexual assault case
2. Best practices for proving liability
3. Strategies for maximizing damages

The panel will review these and other key issues:

• What are the different theories of liability that can be pursued in civil sexual assault cases?
• Who are all possible defendants in civil sexual assault cases?
• What evidentiary challenges do counsel face with civil sexual assault cases?
• What are some effective strategies for proving damages in civil sexual assault cases?