Victim of a sexual abuse?

When you or a loved one have experienced sexual abuse, the legal system offers a way to seek justice and accountability. In Los Angeles, California law gives you the right to file a civil claim against the person or institution responsible for the harm you suffered. 

A civil claim is completely separate from the criminal justice system. Its purpose is to provide you with financial compensation for your medical costs, lost income, and the deep emotional pain caused by the abuse.

Here’s a fact that many survivors don’t realize: you can pursue a civil lawsuit whether or not a police report was ever filed. That means you can take action even if criminal charges were dropped or never brought at all.

The laws that determine how long you have to file a claim are detailed and have changed in recent years, potentially opening new opportunities for survivors whose claims might have expired under older rules.

If you have questions about your legal options, call Sweet James Accident Attorneys for a free, completely confidential consultation at (800) 900-0000.

Key Takeaways for Sexual Abuse Claims

1. A civil lawsuit is about financial compensation, not criminal penalties. This allows you to hold an abuser or negligent institution accountable for the financial and emotional costs of their actions, a process that is entirely separate from any criminal case.
2. Deadlines for filing are complicated but have recently expanded. California law provides different time limits based on your age when the abuse occurred, but new “lookback windows” have revived many older claims that were previously barred.
3. Institutions can be held responsible for enabling abuse. If a school, church, government agency, or other organization failed to protect you through negligent hiring or supervision, they may be held liable for the harm you suffered.

Why Choose Sweet James to Handle Your Case in Los Angeles

When you are ready to seek justice, you need a law firm with a history of delivering significant results. Our attorneys have recovered over $2 billion for our clients. We have a 98% success rate in the cases we handle, and our legal team has taken more than 500 cases to trial. This background prepares us for the serious challenges involved in these personal and important cases.

Sexual abuse cases frequently involve taking on large institutions with substantial legal resources. Our firm has a track record of securing major victories, including a record-setting $17.4 million jury verdict in Kings County. This experience is indispensable when pursuing justice against schools, government entities, or corporations that failed to provide a safe environment.

Our Commitment to You

• We believe every client’s story deserves to be heard with compassion and respect. 
• Money shouldn’t be a barrier to receive justice, which is why we work on a contingency basis—you will not pay any legal fees unless we successfully recover compensation for you. 
• We also offer a no-cost, no-obligation opportunity to discuss your case in complete privacy. Regardless of whether we ultimately work together, we’re available to help you understand your rights and potential next steps without any financial pressure.

As the “Heavy Hitters,” our firm is a well-known advocate for the injured throughout Los Angeles. Our office is at 16133 Ventura Blvd Suite 700, strategically positioned in the Financial District near Downtown LA.

Our founding attorney, James Bergener, has been recognized by Super Lawyers and the National Trial Lawyers “40 under 40,” reflecting a deep commitment to client advocacy. When you work with us, you are working with a team that has deep roots and a strong reputation in the community.

Understanding Your Legal Rights in a California Sexual Abuse Civil Claim

What Does a Civil Claim for Sexual Abuse Involve?

A civil claim is a lawsuit you, as the plaintiff, file directly against the abuser and/or a responsible institution. It differs from a criminal case, which is brought by the state to punish an offender with jail time. A civil case is designed to provide you with financial compensation for the harm you endured.

You can file a civil lawsuit even if no police report was ever made or if criminal charges were never pursued. The standard of proof is also different; in a civil case, we only need to show it is “more likely than not” that the abuse occurred.

Who Can Be Held Liable for the Abuse?

Accountability may extend beyond the individual who committed the act. In many situations, an organization’s negligence made the abuse possible. Those who may be held responsible include:

• The Individual Perpetrator: The person who committed the assault can be sued directly.
• Institutions and Organizations: An organization may be held responsible if its carelessness contributed to the abuse. This includes:

• Schools and Universities: For failing to protect students or for negligent hiring of staff.
• Religious Organizations: Churches or other groups that did not remove known abusers from positions of power.
• Hospitals and Medical Facilities: For abuse by doctors, nurses, or other staff.
• Government Entities: Such as county-run facilities or foster care systems.
• Employers: If they knew or should have known an employee posed a risk and hired them anyway.

What Acts Qualify for a Civil Lawsuit?

California law is broad, covering a range of non-consensual sexual acts. This includes rape, molestation, forced nudity, sexual coercion, sexual battery (unwanted and offensive touching), and sexual harassment. Any situation where you did not, or could not, give consent may be grounds for a civil claim.

What Compensation Is Available for Survivors?

A civil claim seeks compensation that addresses the full scope of the harm—physical, emotional, and financial. California law allows survivors to pursue several types of damages to account for these deep and varied losses.

Economic Damages: Tangible Financial Losses

These damages are for the direct, measurable costs that stem from the abuse. They are intended to make you financially whole again.

• Medical & Therapy Bills: Compensation for counseling, psychological treatment, and any physical medical care you have needed or will need in the future.
• Lost Wages and Earning Capacity: If the trauma has affected your ability to work or advance in your career, you can be compensated for that lost income, both past and future.

Non-Economic Damages: The Intangible Harm

This is compensation for the deep personal suffering that does not have a specific price tag. It is the law’s way of acknowledging the personal impact of the abuse.

• Pain and Suffering: For the physical pain and deep emotional distress caused by the abuse.
• Emotional Trauma: Acknowledges the long-term psychological impact, including anxiety, depression, and PTSD.

Punitive Damages: Punishing Gross Negligence

In certain cases, where an individual or institution acted with extreme recklessness or malice, a court may award punitive damages. These are not meant to compensate you for a loss but to punish the defendant and discourage similar conduct in the future. This is particularly relevant in cases involving an institutional “cover-up,” where an organization chose to protect itself rather than the people in its care.

How Long Do You Have to File a Claim in California?

The law sets deadlines, called statutes of limitations, for filing lawsuits. For survivors of sexual abuse, these deadlines are nuanced; they depend on the survivor’s age and when the abuse happened. The good news is that California’s laws have changed over time to give survivors more opportunities to come forward.

The rules can be broken down as follows:

• For Abuse That Happened to an Adult (18+): Generally, you have 10 years from the date of the assault or 3 years from when you discovered your injuries were connected to the assault to file a claim.
• For Childhood Sexual Abuse:

• If you are a survivor of childhood abuse, you typically have until your 40th birthday or within 5 years of discovering the connection between your psychological injury and the abuse, whichever is later.
• For abuse that occurred on or after January 1, 2024, California has eliminated the statute of limitations for filing a civil lawsuit, meaning there is no deadline.

• The “Lookback Window” (Assembly Bill 2777): Recognizing that many survivors could not act under old laws, California created a special window. From January 1, 2023, to December 31, 2026, survivors can file claims for sexual assault that occurred on or after January 1, 2009. This law “revives” claims that would have otherwise expired.

Because these laws are so specific, it’s always best to consult with a lawyer to determine the eligibility of your case. We will determine which deadlines apply and ensure your rights are protected.

Institutional Abuse in Los Angeles: Holding Organizations Accountable

Sometimes, abuse results not just from one person’s actions but from a systemic failure by an organization that should have provided protection. When institutions prioritize their reputation over safety, they must be held responsible for the damage they cause.

In 2025, Los Angeles County agreed to a historic settlement nearing $4 billion to resolve thousands of childhood sexual abuse claims. Most of these claims stemmed from abuse that occurred over decades in county-run facilities, such as the probation department and McLaren Children’s Center. This event shows how government entities and other large institutions can be held legally and financially responsible when they fail in their duty of care.

How We Build a Case Against an Institution

Proving an institution is liable requires a detailed investigation. Our role is to uncover evidence that the organization potentially:

• Knew or Should Have Known About the Risk: This involves looking for prior complaints against the abuser, a history of misconduct, or patterns of behavior that were ignored.
• Was Negligent in Hiring or Supervision: We investigate whether the institution failed to perform adequate background checks or properly supervise its employees or volunteers.
• Engaged in a “Cover-Up”: If an entity actively concealed evidence of abuse, California law allows for enhanced damages. This involves showing a concerted effort to hide the truth and protect the abuser.

Institutions have teams of lawyers dedicated to protecting their interests. They’ll likely conduct a thorough investigation, looking for any evidence to argue that fault rests solely on the individual(s) who perpetrated the abuse. Our role is to keep them accountable and uncover if any fault lies with the institution.

What Does the Civil Lawsuit Process Look Like?

While every case is unique, the process generally follows a clear path.

1. The Confidential Consultation. It all starts with a private conversation. You tell us what happened, and we explain your legal options. There is no charge for this, and you are under no obligation to proceed.
2. Investigation and Evidence Gathering. If you decide to move forward, our team begins to build your case. This involves gathering documents, identifying witnesses, and collecting all evidence that supports your claim. We handle all of this for you.
3. Filing the Lawsuit. We will draft and file a formal legal complaint with the court. This document officially begins the lawsuit and outlines the allegations against the defendant(s).
4. The Discovery Phase. This is the longest phase, where both sides exchange information. We may take depositions (sworn testimony outside of court), request documents from the other side, and consult with experts to strengthen your case.
5. Settlement or Trial. The vast majority of sexual abuse cases are resolved through a settlement agreement, avoiding the need for a public trial. However, if the other side is unwilling to offer a fair settlement, our trial attorneys are fully prepared to present your case to a judge and jury.

Steps You Can Take to Support Your Case

While we handle the legal work, there are several things you can do to help strengthen your claim and protect your well-being.

1. Document Everything in a Private Journal. Write down your memories of the abuse and its impact on your life. Note how it has affected your emotions, relationships, and ability to work. This can be a powerful tool for recalling details later.
2. Follow Your Doctor’s and Therapist’s Treatment Plan. Attending all your appointments for medical and psychological care is important for your well-being. It also creates a clear record of the injuries and emotional distress you have suffered.
3. Keep All Receipts and Records. Maintain a file of all bills, receipts, and explanations of benefits related to therapy, medication, and any other expenses you’ve incurred because of the abuse.
4. Be Mindful of Social Media. It is wise to limit or refrain from posting on social media while your case is active. Defense attorneys may try to take photos or posts out of context to argue that you are not suffering as you claim.
5. Let Us Handle All Communications. Do not speak to representatives from the institution or their insurance company. Direct all their inquiries to our office. This protects your rights and prevents you from saying anything that could be misinterpreted.
   

   You Have the Right to Seek Justice. We Are Here to Help.

   You may worry that it is too complicated or that too much time has passed. But California’s laws were written to give survivors like you a voice, no matter when the abuse occurred.

   Holding an abuser or a negligent institution accountable is about more than money; it is about reclaiming a sense of control and having what happened to you formally acknowledged. You do not have to walk this path alone.

   Our team at Sweet James Accident Attorneys is ready to provide the guidance and advocacy you need. A confidential call is the first step. We will listen and explain your options, with no pressure or obligation. 

   Contact us today at (800) 900-0000.