If the person who assaulted you was never arrested, you’re not alone. Many survivors feel lost or defeated when police don’t take action, but a lack of arrest does not mean the end of your legal options. You may still be able to pursue justice and hold your abuser accountable. At The Joel Bieber Firm, our trauma-informed legal team is here to support you, confidentially, compassionately, and at your pace.
Every survivor’s story is valid, regardless of how law enforcement responded. Healing and justice are still possible, and we’re here to help you explore those paths without pressure.
Why Arrests Don’t Always Happen After Sexual Assault
There are many reasons an arrest might not happen after a report of sexual assault:
- Police may say there isn’t enough evidence
- Delayed reporting (which is common and completely valid) may make investigations harder
- Trauma can impact memory, and survivors might not recall details right away
The standard of proof in criminal court is much higher than in civil court. Although there may not be enough evidence in to meet the standard of proof in a criminal case, there may be enough evidence to meet the standard in civil court. Criminal cases are solely pursued against the perpetrator while civil cases can be brought against institutions whose negligence contributed to the sexual assault.
But none of these circumstances mean your story isn’t real or that you don’t deserve justice. The absence of an arrest is not a reflection of the truth, it’s a reflection of the limitations of the criminal justice system. Survivors often carry the burden of those failures. You shouldn’t have to.
You Can Still Take Legal Action Without an Arrest
You do not need a police report or criminal charges to explore your legal options. Survivors can file a civil lawsuit regardless of whether the perpetrator was arrested. Civil court allows you to seek compensation for:
- Medical expenses
- Therapy and trauma recovery
- Lost wages or employment disruptions
- Pain and suffering
Even if your abuser was never charged or arrested, you can still sue them for damages through a personal injury claim. Some survivors also seek justice through alternative accountability processes, like restorative justice or public advocacy, especially when the legal system falls short.
Our team can help you understand the pros and cons of each legal route and what fits your situation best.
What Civil Legal Options Might Look Like
Filing a civil case means you, and not the state, are in control of the process. In some cases, survivors can also pursue claims against third parties and institutions that protected the predator. This might include an employer who ignored a report, a landlord who failed to act on a known threat, or an institution, such as a school, hospital, or youth organization, that turned a blind eye to the abuse. These entities can be held legally accountable for creating or enabling unsafe environments.
The burden of proof in civil cases is lower than in criminal court. That means even if the police didn’t press charges, you may still be able to win your case and get the justice you deserve.
Our legal team can help uncover patterns of negligence, find supporting evidence, and ensure your voice is heard through every step of the process.
You Don’t Have to Report to Police to Talk to a Lawyer
Reaching out to a sexual assault lawyer does not mean you have to report the assault or take immediate legal action. At The Joel Bieber Firm, all consultations are confidential and centered on your comfort. Many survivors speak with a lawyer simply to understand their rights and options. There is never an obligation to move forward.
Attorney-client privilege applies from the very first conversation. That means anything you share is protected, even if you never move forward with a case. You deserve a space where your story is treated with care and confidentiality.
Your story, your timeline, your choice.
What a Trauma-Informed Lawyer Will Help You Understand
A trauma-informed attorney can walk you through:
- Civil statutes of limitations that may still allow you to file
- Evidence that can support your case (even without a police report)
- Privacy options, like filing as Jane Doe or sealing your records
- How to move forward without retraumatizing you
We also understand the emotional toll this process can take. Our attorneys are trained to recognize trauma responses, avoid retraumatization, and work alongside mental health providers when needed. If you’re working with a therapist or advocate, we can coordinate with them to support your healing holistically.
Healing Comes First, Legal Action Can Come Later
For many survivors, healing is the first priority. Legal action may be part of that process later, or it may not be right for you, both are valid. Whether you choose to pursue a lawsuit now, later, or not at all, you deserve to know your options and have trustworthy information.
Some of our clients schedule legal consultations before or after therapy sessions, so they have professional support in place. Others come to us years after the assault occurred. Wherever you are in your journey, we will meet you there.
You Deserve to Be Heard, Even If There’s No Arrest
A lack of arrest doesn’t define your experience. If you were assaulted, you have the right to explore your legal options, seek support, and reclaim your power. You are not alone in this, and your pain is not invisible.
The Joel Bieber Firm starts from a place of belief. We will never question your truth, your timing, or your worthiness of support. Justice isn’t always about punishment, it’s about acknowledgment, dignity, and healing.
Talk to a Lawyer Who Understands Your Story
If you’re wondering whether you still have legal options, even without an arrest, you’re not alone. The trauma-informed lawyers at The Joel Bieber Firm are here to listen, guide, and support you with compassion and care.
Reach out today for a confidential consultation. There’s no pressure, just support.
Frequently Asked Questions
Can I sue my abuser even if they weren’t arrested or charged?
Yes. You can pursue a civil lawsuit regardless of whether the person was arrested or criminally charged. Civil cases are separate from the criminal system and focus on compensation and accountability.
What if I didn’t report the assault to the police, do I still have a case?
Yes. You are not required to report to law enforcement in order to pursue legal action. Many survivors never file a police report, and you can still take steps toward justice in civil court.
How long do I have to file a case if no arrest was made?
Each state has its own statute of limitations. Some states allow extended timeframes for survivors, especially in cases involving minors. A trauma-informed lawyer can help you understand the deadlines in your specific situation.
Will I have to testify if I file a lawsuit?
Not necessarily. Many cases settle outside of court, and when court testimony is required, your trauma-informed legal team will explore accommodations to prioritize your safety and comfort.
Is everything I say to a lawyer private?
Yes. Your first conversation with a lawyer is confidential, even if you choose not to move forward. Attorney-client privilege applies from the beginning of your communication.
Can I keep my identity private during the legal process?
Yes. Many survivors file lawsuits under pseudonyms like “Jane Doe,” and lawyers can request sealed records or closed hearings to protect your identity.
