After sexual abuse, your legal options might include the ability to file a civil lawsuit against the individual or organization responsible for the harm you experienced. You can also use this as an opportunity to pursue financial compensation.
It’s worth noting that you can still take legal action even if no criminal charges are filed against the at-fault party. For a more in-depth understanding of your legal options after sexual abuse, contact Sweet James for insight from a sexual abuse lawyer.
California Laws That Affect Your Legal Options After Sexual Abuse
The following California laws are particularly relevant when evaluating a potential sexual abuse claim:
- California Code of Civil Procedure § 340.16: This statute generally gives adults who experienced qualifying sexual assault 10 years from the last act or three years from discovering that an injury or illness resulted from the assault, whichever period expires later, to file a lawsuit.
- California Civil Code § 51.9: This law addresses sexual harassment in certain business, service, and professional relationships.
- California Code of Civil Procedure § 340.1: Under this statute, there is no time limit for certain civil actions seeking damages for childhood sexual assault occurring on or after January 1, 2024. It addresses claims against the person who committed the assault and claims involving individuals or organizations whose wrongful or negligent conduct contributed to the abuse.
- California Code of Civil Procedure § 340.11: This provision addresses childhood sexual assault that occurred before January 1, 2024, generally allowing a claim until the survivor turns 40, or within five years of discovering that psychological injury after adulthood was caused by the assault, whichever is later.
At Sweet James, our lawyers can also explain how these laws may affect your claim.
Local California Resources That Can Support Your Sexual Abuse Claim
Depending on where the incident occurred, the following California entities and resources could be relevant:
- California Victim Compensation Board (CalVCB): CalVCB administers a statewide program that helps eligible crime survivors pay certain expenses associated with their recovery. Covered expenses can include medical treatment, mental health counseling, and lost income. The program generally serves as a payor of last resort after other available reimbursement sources are considered.
- San Diego Police Department’s Sex Crimes Unit: This unit investigates sexual assault cases. It can help you understand how to report an incident, access information about sexual assault examinations, and benefit from local victim support services.
- San Diego County Sexual Assault Response Team (SART): This county program brings together medical professionals, law enforcement personnel, and victim advocates to provide support following sexual assault.
- One Safe Place – The North County Family Justice Center: Located in San Diego County, this organization provides support to people affected by sexual assault, child abuse, domestic violence, human trafficking, and other forms of victimization.
At Sweet James, we understand that discussing these experiences can be difficult, and we approach these cases with the care, attention, and respect survivors deserve.
Why Survivors Choose Sweet James for Sexual Abuse Legal Representation
At Sweet James, we have a handful of distinguishing qualities that shape how we represent our injured clients:
- Experience With Insurance Defense: Sweet James’ founding attorney, James Bergener, previously represented insurance carriers in personal injury and workers’ compensation cases. That background provides our team with unique insight into how insurers evaluate claims, challenge liability, and defend against compensation requests.
- Trial-Ready Representation: Sweet James has an experienced trial team prepared to pursue litigation when settlement negotiations do not produce an appropriate resolution. Our attorneys understand the importance of preparing a case with the evidence and legal arguments needed to present it in court.
- Professional Recognition: Attorneys on the Sweet James team have earned selections to Super Lawyers and Rising Stars lists. Our attorneys also participate in professional organizations, including the American Association for Justice, Consumer Attorneys Association of Los Angeles, and Consumer Attorneys of California.
- Accessible Communication: Sweet James is available 24/7 to receive calls from prospective clients and offers assistance in Spanish. Our team works to provide personalized service and keep clients informed throughout the legal process.
- Focused Personal Injury Representation: Sweet James concentrates on accident and personal injury cases, with legal professionals who understand the financial and personal challenges that follow serious injuries. Our approach emphasizes individual attention and a commitment to pursuing accountability.
Our approach is built around the belief that people deserve a fair opportunity to seek justice and pursue favorable results when someone else’s actions cause harm.
Sexual Abuse Legal Options FAQs
Survivors of sexual abuse often have additional questions about filing a lawsuit, pursuing compensation, and understanding their rights under California law. The following answers address some common concerns.
Can I Sue Someone for Sexual Abuse Without Filing a Police Report?
Yes, you can sue someone for sexual abuse without filing a police report. Since civil claims are separate from criminal investigations, you can pursue one without having to participate in the other.
A civil attorney from Sweet James can review the circumstances, identify potential defendants, and determine what evidence is available to support your claim. Relevant evidence can include medical records, personal communications, witness statements, and employment records.
The absence of a police report does not automatically prevent you from seeking compensation through the civil court system.
Can I Sue an Organization for Failing to Prevent Sexual Abuse?
Yes, you can sue an organization for failing to prevent sexual abuse when its negligence or other wrongful conduct contributed to sexual abuse.
An attorney from Sweet James can examine the organization’s responsibilities, previous reports, internal communications, and response to the misconduct to determine whether a separate claim exists. The organization’s liability depends on the evidence and the legal duties involved.
What Compensation Can I Recover in a California Sexual Abuse Lawsuit?
You may be able to recover economic and non-economic damages as compensation in a California sexual abuse lawsuit. Economic damages include financial losses, such as medical expenses, counseling costs, lost income, and reduced earning capacity. Non-economic damages can address emotional distress, physical pain, and psychological harm.
Ultimately, the damages available depend on the facts of the case, the applicable law, and the evidence supporting your losses. Let an attorney at Sweet James help you understand your legal options after sexual abuse.
Call Sweet James to Learn About Your Legal Options After Sexual Abuse
At Sweet James, we operate with the perspective that you deserve legal representation from attorneys who take your concerns seriously. With more than 25 years of experience representing injury victims, our lawyers are prepared to stand up for your interests.
Our law firm is home to more than 400 legal professionals, and together, we have taken over 500 cases to trial. We have also received more than 600 five-star reviews across Google and Yelp, with team members recognized through Super Lawyers and Rising Stars selections.
As an Experienced Trial Team Ready To Fight For You, we apply Data From Thousands of Injury Cases and offer Personalized Service Focused on You. Contact us today to schedule a consultation and learn more about your legal options.
