Evidence that exists today can be lost tomorrow when an account is closed, a phone is replaced or a record is purged. Here is a practical way to keep what you have, what the federal rules say about the duty to preserve, and what medical guidance says about physical evidence.
Reviewed by Abuse Justice Center · Updated 2026-10-28
Much of the evidence in modern abuse cases is digital: text messages, direct messages, emails, photos, call logs, location history and social media posts. Phones are replaced, apps auto-delete, accounts are closed and institutions follow retention schedules that purge records after a set time. Acting early is the simplest protection.
These steps help keep what you have without changing it:
Rule 37(e) of the Federal Rules of Civil Procedure addresses electronically stored information that should have been preserved in anticipation or conduct of litigation and is lost because a party failed to take reasonable steps to preserve it. The committee note explaining the 2015 amendment says the rule is based on the common-law duty to preserve relevant information when litigation is reasonably foreseeable, and that the rule calls for reasonable steps, not perfection. The note also refers to social media as a form of information that may be relevant.
When a court finds prejudice from the loss, it may order measures no greater than necessary to cure it. The most serious responses, such as an instruction that the jury may presume the information was unfavorable, are reserved for situations where the court finds a party acted with the intent to deprive another party of the information. State courts have their own rules, which are often similar in spirit.
If an assault happened recently, RAINN's guidance on sexual assault forensic exams says that in most cases DNA evidence must be collected within 72 hours of the assault, though other forms of evidence may be present even after that window. To preserve evidence before an exam, RAINN suggests avoiding showering, bathing or cleaning yourself, removing or changing clothes, using the restroom, and combing or brushing your hair. If you are not involving police now, you can place items that may hold evidence in a paper bag.
RAINN also explains that evidence collected during the exam is preserved in case you decide to report later, even if you do not want to talk to police now. It notes one exception: if you are under 18 or over 65, the examiner may be legally required to notify law enforcement. Your health and safety come first; evidence is a secondary consideration, and you can call RAINN's hotline at 800-656-4673 for help finding a provider.
Schools, employers, churches, care facilities and online platforms often hold records that matter, such as incident reports, personnel files, prior complaints and account data. You may not be able to get these on your own. An attorney can send a preservation letter, also called a litigation hold request, asking them to keep relevant records, and can later seek them through the discovery process.
Abuse Justice Center is an information resource, not a law firm, and nothing here is legal advice. A licensed attorney can review your situation, and you can ask any attorney how they charge before you agree to anything.
Abuse Justice Center is a free information resource, not a law firm, and nothing here is legal advice. Ask any attorney how they charge before you agree. Need support now? The RAINN hotline is 800-656-4673, 24/7.
If you can do so safely, keep them. Deleted messages can be hard or impossible to recover. If keeping them on your phone is not safe, talk with an advocate or attorney about a safer way to store copies.
Screenshots are useful, especially when they show the sender, date and time. Where possible, also keep the original device or export the full conversation, and note when and how you saved each item.
RAINN explains that you can have the exam even if you are not interested in reporting now, and the evidence is preserved in case you decide to report later. If you are under 18 or over 65, the examiner may be legally required to notify law enforcement.
It is a written request, usually sent by an attorney, asking a person or organization to keep records that may be relevant to a claim. It puts them on notice before records are deleted under normal retention practices.