A civil sexual abuse lawsuit is a legal action that survivors can take in pursuit of financial compensation in the aftermath of sexual abuse. It’s an opportunity to hold responsible people or parties accountable for the harm caused by the abuse.
The person who files the lawsuit is called the plaintiff, while the individual or organization being sued is the defendant. The claim associated with a civil sexual abuse lawsuit focuses on the harm that the survivor experienced.
It also addresses whether the defendant is legally responsible for causing or contributing to that harm. Call Sweet James today to learn more about civil sexual abuse lawsuits from a sexual abuse lawyer.
How a Civil Sexual Abuse Lawsuit Works
A civil sexual abuse lawsuit begins with an evaluation of the survivor’s experiences and the legal grounds for holding another party responsible:
- Initial case evaluation: An attorney discusses the circumstances with the survivor, reviews available documentation, and identifies potential legal claims. This conversation also provides an opportunity to discuss privacy concerns, communication preferences, and the survivor’s goals.
- Complaint and filing: The attorney prepares the legal paperwork, identifies the defendant(s), and files the complaint with the appropriate California court.
- Defendant’s response: The person or organization being sued receives the complaint and has an opportunity to admit or deny allegations and present defenses.
- Discovery and evidence gathering: At this point in the process, both sides will exchange information through a process called discovery. Attorneys can request documents, written answers, electronic communications, and testimony from witnesses.
- Settlement discussions or trial: Both parties will have the opportunity to discuss a financial settlement as the case moves forward. If they cannot agree on a value, the lawsuit will likely proceed to trial, at which point a judge or jury will evaluate the evidence before determining liability and establishing damages.
Once a settlement is signed, it can limit your ability to bring additional claims related to the same incident. This is why speaking with an attorney at Sweet James who understands civil sexual abuse lawsuits can make all the difference.
California Laws That Govern Civil Sexual Abuse Lawsuits
The following laws provide important grounds for civil sexual abuse lawsuits in California:
- California Code of Civil Procedure § 340.1: Under this statute, there is no time limit for filing certain civil actions involving childhood sexual assault that occurred on or after January 1, 2024. It covers claims against the person who committed the assault or individuals or organizations whose wrongful, negligent, or intentional conduct legally caused the abuse and resulting injuries.
- California Code of Civil Procedure § 340.11: This statute governs civil claims involving childhood sexual assault that occurred before January 1, 2024. Generally, a survivor has until 22 years after reaching adulthood or five years after discovering that a psychological injury or illness occurring after adulthood resulted from the abuse, whichever period expires later.
- California Code of Civil Procedure § 340.16: This statute generally allows adults who experienced qualifying sexual assault to file a civil action within 10 years of the last act or three years after discovering that an injury or illness resulted from the assault, whichever period expires later.
- California Civil Code § 1708.5: This law establishes a civil cause of action for sexual battery. It addresses harmful or offensive contact involving an intimate part without consent.
- California Civil Code § 51.9: This statute addresses sexual harassment involving certain business, service, and professional relationships. It applies to situations involving unwelcome sexual conduct.
When you contact Sweet James, an attorney can assess which statutes apply to your situation, calculate all relevant deadlines, and determine if any exceptions or revival provisions could potentially affect your claim.
California Courts That Handle Civil Sexual Abuse Lawsuits
These California court systems provide civil filing information and resources relevant to these claims:
- Los Angeles Superior Court Civil Division: The Los Angeles Superior Court handles civil lawsuits throughout Los Angeles County. Its filing resources explain how cases are assigned to courthouses based on factors such as the defendant’s location and where the alleged injury occurred.
- Orange County Superior Court – Central Justice Center: Located at 700 Civic Center Drive West in Santa Ana, the Central Justice Center handles civil matters and provides access to filing information, court services, and other resources for people involved in lawsuits in Orange County.
- San Diego Superior Court – Hall of Justice: Located at 330 West Broadway in San Diego, the Hall of Justice houses civil courtrooms and the Civil Business Office. This is where you can find information about filing requirements, case records, and civil proceedings.
- California Courts Self-Help Guide: This statewide resource explains the general stages of a civil lawsuit, from filing the initial complaint and serving the defendant to gathering evidence, negotiating a settlement, and proceeding to trial.
Legal representation helps keep these requirements organized while allowing survivors to focus on their personal well-being. You can trust your attorney to worry about your case while you can keep your attention on getting better and recovering from the trauma you experienced.
Civil Sexual Abuse Lawsuit FAQs
These are a handful of answers to questions that victims of sexual abuse often ask regarding civil sexual abuse lawsuits in California.
Can I File a Civil Sexual Abuse Lawsuit Years After the Incident?
Yes, in many cases, you can file a civil sexual abuse lawsuit years after the incident in the state of California. However, the applicable deadline depends on the survivor’s age and the circumstances of the abuse.
Because these provisions have specific requirements, an attorney should review the dates, available records, and potential defendants before determining whether a lawsuit is still available.
Will I Have to Discuss the Abuse in Court?
You might have to discuss the abuse in court during discovery or amid a trial, but not every civil sexual abuse lawsuit goes to trial. Many cases resolve through settlement negotiations before a courtroom hearing is necessary.
If your case involves a deposition or testimony, your attorney can explain the process, prepare you for the questions, and address improper requests or questioning through the court when appropriate. You can also discuss concerns about privacy, the use of identifying information, and the handling of sensitive records before agreeing to a particular course of action.
How Much Does It Cost to Hire a Civil Sexual Abuse Lawyer?
The cost of hiring a civil sexual abuse lawyer depends on the firm’s fee arrangement and the services involved. Many personal injury firms, including Sweet James, work on a contingency fee basis.
This means attorney fees are tied to obtaining a recovery rather than charged as an upfront or hourly fee. During your free consultation, ask how the contingency percentage is calculated, how case expenses are handled, and what happens if the lawsuit does not result in a financial recovery.
Contact Sweet James to Learn More About Civil Sexual Abuse Lawsuits
At Sweet James, we believe survivors of sexual abuse deserve to be heard, treated with dignity, and given the opportunity to understand their legal options. Our attorneys will take the time to listen to your concerns and explain the steps involved in pursuing a civil claim.
Our founding attorney, James Bergener, previously represented insurance carriers. As a result, we have access to valuable insight into how insurers evaluate and defend claims. With more than 500 cases taken to trial, our firm supports our clients with the help of more than 400 legal professionals.
Sweet James has also received more than 600 five-star reviews across Google and Yelp. Not only that, but we have also been featured on NBC, CNN, Fox, ABC News, Bloomberg, and Forbes. Call us today for help from an Experienced Trial Team Ready To Fight For You.
