NCJ Number
193291
Date Published
2000
Length
16 pages
Annotation
This chapter provides guidance for attorneys in assessing the complex legal and non-legal issues involved in determining whether or not to pursue legal action on behalf of an adult survivor of childhood sexual abuse (CSA).
Abstract
The chapter begins with a discussion of the initial telephone interview, whose purpose is to obtain sufficient information to determine whether or not the case warrants further evaluation and a personal client interview. If it is clear from the beginning that the statute of limitations is insurmountable or that there is clearly no potential for making any financial recovery for the client, it may be better for both the survivor and the lawyer to reach this understanding over the phone. If the lawyer believes the case merits further review, the client should be scheduled promptly for a personal interview in the lawyer's office. In discussing the initial office interview with the client, the chapter focuses on three critical questions: Is there corroboration, admissions from the defendant, or other supporting evidence that will establish that the perpetrator committed the sexual abuse of the client? Can the case be pursued under the applicable statute of limitations? Does the perpetrator have sufficient assets to justify pursuit of the case against him or her, or are there insurance policies that provide coverage for the defendant, or other entities that bear responsibility? The chapter concludes with a review of difficult situations, namely, multiple perpetrators and pending criminal litigation. 12 notes and appended client intake form