Why Sexual Assault Victims Need Their Own Lawyers: Don't Rely on Your School Alone
You've survived something traumatic. Now your school's Title IX office is asking you to participate in their investigation into the sexual assault or sexual misconduct you experienced. It feels natural to assume the school will advocate for you. After all, they're supposed to protect their students, right? The truth is more complicated, and understanding it could profoundly affect your case and your recovery.
Why Your School Cannot Be Your Only Advocate
Schools have conflicting interests. While they're obligated by federal law to investigate sexual harassment and sexual assault allegations, they're also managing institutional liability, avoiding negative publicity, and balancing the rights of both parties. A school's Title IX office works for the institution, not for you. Their goal is to complete an investigation and resolve the matter, not necessarily to achieve the outcome that best serves your interests.
Furthermore, schools are not courts. Title IX investigations operate without many of the protections you'd expect in the criminal and civil justice system. Investigators may lack specialized training in trauma-informed interviewing. Evidence standards are lower. Cross-examination procedures vary widely. The accused often has resources (legal advisors, institutional support) that complainants may lack.
The Gaps Your School's Process Cannot Fill
When you rely solely on your school's Title IX process, you're leaving critical pieces of your case unprotected:
Evidence Preservation: Your school investigates its way. An experienced sexual assault lawyer knows what evidence matters most and how to preserve it for maximum impact, whether the case stays within Title IX or moves into civil or criminal court.
Interview Strategy: Emotional trauma can cloud memory and communication. Your school will interview you, but a lawyer ensures your statements are clear, consistent, and don't inadvertently harm your case.
Witness Coordination: Your attorney can identify and prepare witnesses on your behalf, ensuring their accounts support your narrative and counter the respondent's defenses.
Procedural Rights: Schools often bend their own rules. A sexual misconduct lawyer ensures the school follows its published procedures and your rights aren't compromised.
Post-Investigation Options: If the school's outcome disappoints you, what then? An attorney can advise whether to appeal, file a civil lawsuit, or pursue criminal charges, options many victims don't realize they have.
Beyond Title IX: Your Broader Legal Claims
A school investigation alone cannot address all of your legal remedies. If you've experienced sexual assault or sexual harassment, you may have claims for:
Civil rights violations (if the school failed to protect you)
Negligence or breach of duty
Emotional distress
Retaliation
An independent sexual assault lawyer can assess your complete legal picture and pursue justice through multiple avenues, not just the school's investigation.
Your Right to Counsel Is Protected
Federal law explicitly grants you the right to have an advisor, including an attorney, present throughout Title IX proceedings. Schools cannot penalize you for seeking legal counsel. Bringing a lawyer to interviews and hearings is not an admission of guilt; it's an exercise of your legal rights.
If you're a victim of sexual assault, sexual misconduct, or sexual harassment, you deserve an advocate who works exclusively for you. Christine Brown & Partners fights for victims with the expertise and resources to ensure your voice is heard and your rights are protected, both in your school's process and beyond.
