Sex Crime Victim Lawsuits

In reality, only the survivors of rape or sexual assault can truly understand how profoundly painful and life-altering the experience can be. Survivors of sexual violence endure unimaginable trauma, the after-effects of which typically last for many years.

As a survivor, it's crucial to understand that what happened to you is not your fault, and you have rights. Under California law, you have the power to pursue civil damages against your assailant, even if no criminal charges have been filed or if the criminal case ends without a conviction. This knowledge can be empowering, giving you a sense of control over your situation and reducing the overwhelming nature of the legal process.

Victims of sexual assault, abuse, or rape can file a civil lawsuit against the perpetrators for damages.

Civil claims can provide a pathway toward justice and financial relief, helping you work toward a sense of resolution and stability.

Victims of sexual assault or sexual abuse can sue the perpetrators for damages. Any type of sex crime can serve as the basis for a sexual assault civil lawsuit, including rape, sexual abuse of a child, groping, sexual battery, sexual assault by rideshare drivers, indecent exposure, sexual assault by doctors, or any other non-consensual act of a sexual nature.

Suppose you are the victim of sexual assault. In that case, you may be entitled to money in damages by filing a civil lawsuit for medical bills, psychological counseling, lost wages, lost earning capacity, pain and suffering, traumatic stress, loss of enjoyment of life, insomnia, and anxiety.

California law does not require a criminal conviction or even a police report for you to sue for damages following a sexual assault. Families of victims may also be able to sue for negligent infliction of emotional distress if they witnessed the assault, wrongful death, or a survivor's action if the victim died, or loss of consortium if the assault resulted in a loss of companionship, moral support or intimacy to a spouse or registered domestic partner.

While taking legal action in instances of rape and sexual assault may seem intimidating and overwhelming, you don't have to face it alone. At the Injury Justice Law Firm, our California sexual abuse attorneys are here to support you.

We have a long track record of success in helping rape survivors hold their assailants accountable. We will work tirelessly to get you the compensation, justice, and closure you deserve, providing you with the support you need during this difficult time.

Long-Term Impacts of Sexual Assault

The physical and emotional impacts of rape or sexual abuse can be profound and far-reaching. Survivors often face a complex web of challenges as they attempt to heal from the trauma, and it's important to recognize the depth of these impacts:

Physical Impacts. Rape or sexual assault can lead to a variety of physical consequences, some visible and others unseen. Many survivors experience injuries such as bruises, fractures, or other bodily harm caused by the assault. Beyond immediate injuries, there can be serious long-term health concerns as well. These might include sexually transmitted infections (STIs), pregnancy, or chronic pain conditions such as pelvic or abdominal pain. Medical care is essential for attending to these physical effects, but it can also be expensive. Survivors may face hospital bills, therapy costs, or other expenses that place a financial burden on them at a time when they are already struggling.
Emotional and Psychological Impacts. The psychological toll of rape or sexual assault cannot be overstated. Survivors may feel fear, anxiety, shame, anger, or confusion in the months and years after the assault. Post-traumatic stress disorder (PTSD) is common among survivors, leading to symptoms such as flashbacks, nightmares, and emotional detachment. Survivors may also struggle with depression, low self-esteem, or difficulty maintaining relationships and daily routines. In some cases, survivors only find a sense of normalcy after years of expensive therapy.

All of these impacts are considered losses, whether financial losses or the loss of quality of life through pain and suffering. As a result, you have the right under California law to recover both economic and non-economic damages.

Economic damages may include medical expenses, lost wages, and the cost of future care. In contrast, non-economic damages may include compensation for pain and suffering, emotional distress, and loss of enjoyment of life.

Burden of Proof in a Civil Lawsuit

In a civil lawsuit for sexual assault, nine of the 12 jurors must find by a "preponderance of the evidence" that a defendant sexually assaulted or abused you. This legal standard means that it is "more likely than not" that the defendant is liable. It's a lower burden of proof than in a criminal trial, where the district attorney must convince all 12 jurors beyond a reasonable doubt that you are guilty.

This is a lower burden of proof than in a criminal trial, where the district attorney must convince all 12 jurors beyond a reasonable doubt that you are guilty.

Because civil lawsuits have a lower burden of proof than criminal trials, it is possible that you could win a sexual assault lawsuit even if the perpetrator is acquitted in the criminal case. This possibility can provide hope and reassurance, showing that justice is still within reach and reducing feelings of discouragement.

Anyone whose negligence may have contributed to your sexual assault occurring may be held liable. State law under California Civil Code 3294 allows you to recover punitive damages if you prove the defendant acted with oppression, fraud, or malice.

How Long Do I Have to File a Civil Claim?

Understanding the statute of limitations is crucial for survivors considering a civil claim. California law has specific deadlines for pursuing legal action, and these timeframes vary based on the details of the case.

Below, we break down the key timelines to help clarify your options. Filing a civil claim involves several steps, including gathering evidence, preparing the complaint, and serving the defendant. Our experienced attorneys can guide you through this process, from the initial consultation to the final resolution of your case.

Up to 10 Years

Under California law, survivors of sexual assault generally have up to 10 years from the date of the assault to file a civil claim. This extended statute of limitations gives survivors more time to process the trauma and decide how to move forward. Legal action does not have to happen immediately after the assault, allowing survivors to focus on their well-being first.

Up to 3 Years After the Date of Discovery

There are cases in which a survivor may not recognize or fully understand the damage caused by the assault until much later. This may be due to repressed memories, delayed emotional realization, or emerging psychological harm. California law allows survivors to file a civil claim within three years of discovering or connecting the assault to damages they are experiencing, even if the actual assault occurred longer ago.

Up to the 40th Birthday for Minors

For survivors who were minors at the time of the assault, additional protections extend the time they have to file a claim. If the survivor was under 18 when the crime occurred, they can file a civil claim up until their 40th birthday.

This rule recognizes the unique challenges faced by child victims, including the time it may take for them to process and speak out about their abuse. (Recent updates in California law have actually eliminated the statute of limitations for instances of child sexual abuse that occur on or after Jan. 1, 2024.)

Types of Sexual Abuse Lawsuits

Our California sexual abuse attorneys represent victims in a wide array of civil lawsuits, including the following:

Why Timeliness Matters

While there is flexibility in the law to accommodate survivors' needs, it's important to note that evidence may be harder to gather as more time passes. Witness accounts, medical records, and other critical pieces of evidence may become increasingly difficult to obtain. Because of this, we encourage anyone considering legal action to consult with one of our sexual abuse attorneys who can help assess your claim and guide you through the process.

The most important things are to seek immediate help and to preserve evidence, even if you do not think you will want to press charges or file a lawsuit for damages.

Victims of sexual assault or sexual abuse can file a civil lawsuit against the perpetrators for damages, and any type of sex crime can qualify, including rape. For more information, contact the Injury Justice Law Firm, located in Los Angeles, CA.

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