What to Expect in a Deposition During a Sexual Abuse Case

Giving depositions can be a daunting prospect for any witness, but especially plaintiffs in sexual abuse cases. Our attorneys can prepare you for what to expect so the process feels less intimidating and you feel confident about what’s to come.

A deposition is a formal, sworn statement, given outside of the courtroom. It happens during the fact-finding discovery phase of a lawsuit. During a deposition, the defendant’s attorneys will ask you questions, ranging from general questions about your background to specific questions about the timeline of abuse. Our lawyers may also ask questions during a deposition to allow you to clarify previous answers.

Call The Law Office of Andrew Shubin’s sexual abuse attorneys at (814) 826-3586 for a free case assessment today.

What is a Deposition During a Sexual Abuse Case?

During the course of civil litigation for a sexual abuse case, you or other witnesses may have to give depositions. Depositions can be almost as intimidating as testifying in court, but they don’t have to be when our sexual abuse attorneys explain the process.

Like testimony in court, depositions are sworn statements. Though depositions happen outside of a courtroom, sometimes even over video conference calls, you are still under oath during a deposition and must answer all questions honestly.

Depositions are part of the fact-finding discovery stage of civil litigation. What you say in a deposition must be accurate and true, as statements can be referenced during a trial when sexual abuse cases go to court.

Who is Present During a Deposition for a Sexual Abuse Case?

Only a small group of people attend depositions, fewer than the number of people who are typically in the courtroom during a trial, especially one open to the public.

During a deposition, the individual being deposed (the deponent), our lawyers, and the defendant’s attorney or attorneys will be present. A court reporter will also be present to create an official transcript, and a videographer may film the deposition.

The defendant who sexually abused you might be present for your deposition, unless our lawyers obtain a protective order that keeps them away. The judge will not be present at the deposition; the attorneys involved in the case run it.

What Happens During a Deposition for a Sexual Abuse Case?

If you are going to be deposed during a sexual abuse case, you need to know what typically happens during a deposition so that you are not caught off guard by what comes next.

Lawyers from both sides can ask you questions during a deposition, although the defense’s attorneys usually ask most of the questions when a victim is being deposed.

All answers you give during a deposition will be given under oath and be made part of the official record, so answering questions honestly and accurately is incredibly important.

What Kinds of Questions Should You Expect During a Deposition for a Sexual Abuse Case?

You might be asked difficult and uncomfortable questions if you are deposed during a sexual abuse case, and our lawyers can help you prepare by reviewing the kinds of questions you will most likely face.

Questions from the Defense’s Lawyers

Expect most of the questions you are asked during a deposition to come from the opposing side’s attorneys, as they are deposing you to try to find out more information for their case. You can expect basic and very general questions about yourself, your background, and your relationship with the defendant, as well as specific questions about the abuse you endured and how it has impacted you.

Our lawyers will be present during a deposition and can step in if defense attorneys’ questions become too aggressive or re-traumatizing.

Questions from Your Lawyers

You may also be asked questions by our lawyers. Usually, this happens after the opposing side’s lawyers question the deponent. Our lawyers may ask questions so that you can clarify your answers to previous questions and ensure the official record includes the full truth and complete context.

How Can You Prepare for a Deposition in a Sexual Abuse Case?

If you prepare for a deposition during a sexual abuse case, you can mitigate the re-traumatization and stress you feel surrounding the experience.

Review the Timeline

To help you prepare to give a deposition in a sexual abuse case, our lawyers can spend time reviewing the timeline of the abuse. You need to be able to recall key events, injuries, or damages that you might be questioned about during a deposition.

Misstating facts when answering timeline questions during a deposition could give the defendant’s attorneys conflicting statements to refer back to when they cross-examine you during your in-court testimony.

Review Prior Statements

It’s also important to review any prior statements you have made about the sexual abuse, such as to law enforcement or others. You do not want to unintentionally contradict yourself because of a lapse in memory when being deposed and compromise your case, so review prior statements with our lawyers before you attend a deposition.

Review Anticipated Questions

The best way to prepare for depositions is to review anticipated questions with our lawyers. We may take you through several mock depositions so that you get some experience before you are officially deposed and your statements are entered into the record to be used as potential evidence in a sexual abuse lawsuit.

Hire a Trauma-Informed Lawyer

Having the support of a trauma-informed attorney can help you feel comfortable enough to give a deposition during your case. Our lawyers can work hard to mitigate re-traumatization as much as possible during depositions and throughout all stages of your sexual abuse case, including a trial if your case goes to court.

Get Help with Your Sexual Abuse Case from Our Attorneys

Contact the sexual abuse attorneys at The Law Office of Andrew Shubin for a free case evaluation, and call us today at (814) 826-3586.