Deciding to come forward after experiencing sexual abuse is a difficult choice for many survivors. In reality, according to studies, the vast majority of sexual abuse incidents never actually get reported to police.
If you are a survivor of sexual abuse in California and chose not to file a police report at the time of the abuse, you might now be wondering if you have lost your chance to seek justice.
At the Injury Justice Law Firm, our California sexual abuse attorneys want to empower you with the knowledge that legal recourse is often still available.
This understanding can give survivors of sexual assault or abuse a sense of control over their situation and a hopeful outlook for the future.
Many types of sex crimes can serve as the basis for a sexual abuse civil lawsuit, including rape, sexual abuse as a child, sexual assault by doctors or physicians, or any other non-consensual act of a sexual nature, such as unwanted touching, forced nudity, or sexual coercion.
It is a common misconception that a criminal report is a prerequisite for taking legal action against an abuser. In California, the legal system provides more than one path to hold a perpetrator accountable.
You can pursue a civil lawsuit for sexual abuse even if you never contacted the police, and even if the abuse happened many years ago.
The Difference Between Criminal and Civil Cases
The legal system has two distinct branches for handling wrongful acts: the criminal system, which focuses on punishment and protecting society, and the civil system, which is designed to resolve disputes between private parties and provide a remedy for harm. Understanding this difference can help survivors navigate their legal options.
Criminal Justice System
The primary goal of the criminal justice system is to punish wrongdoing and protect society. When a crime like sexual abuse is reported to police, the case is brought by the state, represented by a prosecutor.
- Purpose: To determine if the accused is guilty of a crime and, if so, to impose a punishment such as fines, probation, or imprisonment.
- Burden of Proof: The prosecutor must prove the defendant's guilt "beyond a reasonable doubt." This is the highest legal standard, requiring the jury or judge to be virtually certain of the defendant's guilt.
- Outcome: A verdict of guilty or not guilty. A guilty verdict results in criminal penalties.
- Survivor's Role: The survivor acts as a witness for the prosecution. They do not control the case, and the decision to press charges rests with the prosecutor, who represents the state and is responsible for proving the defendant's guilt beyond a reasonable doubt.
Civil Justice System
In contrast, the civil justice system is designed to resolve disputes between private parties and provide a remedy for harm. In a civil sexual abuse case, the survivor (the plaintiff) files a lawsuit directly against the abuser (the defendant).
- Purpose: To compensate the survivor for the damages they have suffered. This can include medical expenses, lost wages, pain and suffering, and emotional distress.
- Burden of Proof: The plaintiff must prove their case by a "preponderance of the evidence." This standard means it is more likely than not that the defendant is responsible for the plaintiff's harm. This is a much lower burden of proof than in a criminal case.
- Outcome: A judgment of liability or no liability. If found liable, the defendant is typically ordered to pay monetary damages to the survivor.
- In a civil case, the survivor is in control. With the guidance of their attorney, they make the decisions, from whether to file the lawsuit to what claims to make, and even whether to accept a settlement. This control can be empowering in a situation where survivors often feel powerless.
What is the Burden of Proof in a Sex Abuse Civil Lawsuit?
As noted above, in a civil lawsuit for sexual abuse, nine of the 12 jurors must find by a "preponderance of the evidence" that the defendant sexually abused you. In other words, it is more likely than not that the defendant is liable.
This is a much lower burden of proof than in a criminal trial, where the prosecution must convince all 12 jurors "beyond a reasonable doubt" that the defendant is guilty.
The lower burden of proof in civil court makes it possible to win a civil case even when there isn't enough evidence to secure a criminal conviction "beyond a reasonable doubt."
This reassurance can boost survivors' confidence in their legal journey.
Your testimony, along with other supporting evidence like medical records, therapy notes, or witness accounts from friends and family, can be sufficient to establish liability.
You Can File a Civil Claim Without a Criminal Case
Because the criminal and civil systems are separate, the outcome of one does not legally dictate the outcome of the other. This means you have the right to file a civil lawsuit for sexual abuse regardless of what happened-or didn't happen-in the criminal system.
You can file a civil claim even if:
- You never filed a police report.
- A police report was filed, but the prosecutor declined to press charges.
- Criminal charges were filed, but the defendant was found not guilty.
Anyone whose negligence may have contributed to your sexual assault occurring may be held liable. To hold an entity responsible, such as a school district, for sexual abuse, you have to show that they had notice, which means they were aware of the risk of sexual abuse and failed to take reasonable steps to prevent it.
Furthermore, the abuse does not necessarily have to occur on the entity's premises for them to be liable.
Can I Be Sued for Defamation?
Possibly. If you accuse someone of sexual abuse, potential defamation claims are just one reason why going to the police after a sexual assault or abuse can be advantageous, even if charges are never brought.
At the very least, it can help you tell someone right away and, in cases of rape, undergo rape kit testing. Do not post on social media details of an alleged sexual abuse that would identify the perpetrator.
What About the Statute of Limitations?
California law sets deadlines, known as statutes of limitations, for filing lawsuits. For many years, these deadlines made it difficult for adult survivors of past abuse to seek justice.
However, recent changes in the law have created expanded opportunities for survivors to file civil claims, even for abuse that occurred decades ago. This extension can bring a sense of relief and hope for those who thought they had run out of time.
Under current laws, you may have at least 10 years after the abuse occurred to file a civil claim against your abuser. If you were a minor at the time of the abuse, you have until your 40th birthday to file a claim, and if you were a child and the abuse occurred on or after Jan. 1, 2024, there is no statute of limitations at all.
The bottom line is that while the decision to take legal action is significant, not having filed a police report does not close the door on your ability to hold your abuser accountable in civil court. That being said, your chances of winning your case and obtaining compensation are much greater with a skilled sexual abuse attorney in your corner.
At the Injury Justice Law Firm, our attorneys are highly experienced in helping sexual abuse survivors hold their perpetrators to account and obtain the compensation they need and deserve. Our law firm is located in Los Angeles, California.
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