What to Expect with a Lawyer

Whether they are involved as victims and witnesses in criminal cases or as plaintiffs in civil law suits against individuals or institutions who are responsible for the violence committed against them, survivors of sexual violence often find themselves involved in the legal system. Seeking legal help and advice can be an important resource for survivors. It can inform your next steps and help you heal from your experience. Yet, while working through the legal system can be essential to the healing of some survivors, it can also be challenging for others. For some survivors, it can be a confusing, emotional, costly, and time-consuming process. Ultimately, it is up to you, the survivor, to decide whether or not legal help is helpful for you in your journey. Every step you take in your healing journey following sexual violence is a brave one and represents a choice to care for yourself. This page will give you an overview about what the legal process might look like to support you in making this decision. We offer this resource to provide you, your friends, family, and communities with information that can help you decide whether or not the legal route is best for you.

Deciding Whether to Go to a Lawyer is Your Decision

Speaking with a lawyer or seeking legal help is one of the many forms of support that can be available to you or your loved ones processing your experience with sexual violence. Whether or not you want the legal system to be a piece of your healing puzzle is up to you. We strongly believe that each and every survivor, no matter how young, should have the right to make their own decisions about reporting sexual violence. 

Additionally, speaking with a lawyer does not exclude you from accessing alternative supports. Some of these include support organizations, therapy and counseling services, sexual assault and rape crisis centers, domestic violence care and treatment centers, and victim/witness assistance programs. Aside from these more formal approaches, we also encourage you to take care of yourself by doing the things you love with the people that you love, taking care of your basic needs, and engaging with your hobbies and interests.

Why You Might Decide to Go to a Lawyer

Legal advice can be seen as another form of support for survivors, in the same way that therapy or counseling can also be a support. It is a tool that can help guide you in navigating the legal system by providing you with advice on what the subsequent process may look like. Legal advice can also lay out the benefits and drawbacks of pursuing a legal route based on your specific experience and circumstances.

There are lots of benefits you may want to consider when deciding whether to seek legal advice. Legal advice enables you to maintain control as the decision-maker while your lawyer advises you of the legal options available to you. It can can provide you with the information to best guide how you choose to proceed, which can be extremely valuable in feeling in control of a situation that often leaves survivors feeling powerless. While for some, the benefits of accessing the legal system can be transformative, for others, it can present challenges. It is important to acknowledge the limitations of the system as well as its benefits so that ultimately you can make the best decision for yourself. Entering the legal process can open up many emotional wounds and render a private event in your life to one that is more public. It may also lead to an outcome that was not one you had anticipated or hoped for, which can be difficult to process. An additional and important limitation of this route is that discrimination is pervasive in the legal system, adding another layer to an already challenging situation. You might want to be more cautious in your decision to engage with the legal system if you are a doubly-traumatized or particularly at-risk survivor.

Does It Matter How Long Ago the Violence Occurred?

In order to seek legal advice, it does not matter how long ago the violence occurred. While the statute of limitations for certain crimes differs across regions, if you are wanting to pursue a legal route, we highly encourage you to speak to a lawyer for legal advice (see the section below on the two types of legal help) to help you determine what your options are.

Finding a Lawyer Who Can Help You

Finding a lawyer can be a daunting process—there’s no handbook to tell you where to look or what to look for. We hope that this provides you with some guidance with where to start your search:

  • Start with a Google search specific to your area
    • You may want to see if there are reviews or comments from previous clients available on any lawyers/firms
    • You can also see if there is public information about cases that they worked on previously
  • If you are comfortable, you can reach out to any support network in your area to ask if they have area-specific referrals or suggestions
    • For a list of crisis centers for the major cities in Canada and the United States, see here
  • Some areas have websites and databases that list practicing lawyers

https://www.lawhelpny.org/find-legal-help

Two Types of Legal Help

Legal help comes in two forms: 1) legal advice, and 2) legal representation. There are some important differences between these two types of help. Legal advice is specialized advice given to you by a lawyer that addresses your specific situation. It can be helpful in supporting you and guiding potential next steps within the justice system. Legal representation, on the other hand, refers to your advocate in a court setting. If going to court to seek restitution is the path you choose to take, finding legal representation is important. In criminal cases, victims don’t typically need legal representation, as the prosecuting attorney represents the government in criminal cases. That said, legal advice might help a victim feel prepared for what will take place during a criminal trial.

If you decide to look for legal support, you may wish to first seek legal advice, after which you may decide whether legal representation is or is not necessary. While it is possible to represent yourself, the legal advice you receive from professionals will be helpful in guiding how you proceed.

What You Might Want to Look For in a Lawyer

A “good” lawyer is one who will listen to you without biases or discriminatory thinking and who has experience in the area of law that fits your needs (i.e. sexual assault, childhood abuse, criminal harassment, etc.). Additionally, a “good” lawyer is one that makes you feel safe, heard, valued, and who advocates for you and for justice in your experience.

What to Expect When Speaking to Your Lawyer

The questions that your lawyer may ask you will likely vary based on your specific circumstances. However, in general, you should be prepared to discuss your experience. Your lawyer will need to know these details to be able to best support you.

Some initial questions you may want to ask a new lawyer:

  • What does this process look like?
  • Who will I be most in contact with at your firm?
  • How frequently will we be in contact?
  • How often do your cases go to trial?
  • How involved will I be in this process?
  • What information do you need from me?

Your Mental Health and Well-Being Throughout the Legal Process

Even if you feel that you have made a good decision in going to a lawyer, the process of discussing an assault can be emotionally overwhelming and may even feel traumatic in and of itself. Throughout this process, your well-being, safety, and mental health are always critical and a top priority. We encourage survivors and their loved ones to use our resources to seek support from their community, loved ones and services available to them.

Resources on Funding and Legal Aid

Access to funding is unfortunately an important consideration when deciding whether or not to enter the legal system. It is a costly process and, sadly, funding for survivors in this process is limited. In both the US and Canada, there are a few mechanisms in place to support survivors.

There are different levels of funding available to survivors seeking legal help based on their states, provinces, and respective countries.  In the United States, funding is available largely through grants via the Department of Justice. In Canada, funding is available at the provincial level, although it is uniform throughout most of the country. Most of the financial support, however, comes through non-governmental organizations and support groups who have raised funds and established grants specifically for these types of cases.

Legal Funding in the United States

In the United States, there is not a uniform national program. However, there are a number of grants available through the Department of Justice (DOJ) that are tailored to the specifics of your situation. For example, there are 19 grant programs offered through the DOJ’s Office on Violence Against Women, as well as some through the DOJ’s Office for Victims of Crime.

In addition, most states provide grant access through organizations such as the Chicago Alliance Against Sexual Exploitation and the Oregon Sexual Assault Services Program. You can find grants specific to your state by visiting their Department of Justice websites.

While there could be local support available in your region, you may want to look at national organizations, such as the US Rape, Abuse, and Incest National Network (RAINN).

Legal Funding in Canada

In Canada, there is funding for four free hours of legal advice at the provincial level. This means that you can get in touch with designated lawyers who will provide you with up to four hours of their time at no cost. This does not extend to legal representation, which is where alternative grants and supports may need to come into play. Access to the four hours of free advice can be found on provincial government websites, where you’ll need to submit a request to speak with a lawyer.

For more information on provincial requirements for getting additional help, you might want to check out this great resource from the Canadian Resource Centre for Victims of Crime.

While there could be local support available in your region, you may want to look at national organizations, such as the Ending Violence Association of Canada.