Sexual Abuse Frequently Asked Questions
If you are a survivor of sexual abuse considering a civil claim in California, know that seeking accountability is a courageous step toward healing. This process can feel overwhelming, but you are not alone. Below, we've compiled answers to some of the most common questions to help you understand your rights and options.
What is child sexual abuse?
Sexual abuse has been defined under federal and state law if you have a circumstance where a child is being subjected to some sexual acts or conduct by an adult, which would include showing them pornography, for example, or even not necessarily touching the child, but an adult exposing themselves to a child.
Anything beyond that with actual touching, from the slightest touching to the most severe touching with some sexual intent, essentially, that is sexual abuse of a child.
California's civil justice system offers survivors a legal path to hold these institutions accountable and secure the critical resources they need for long-term healing.
Perpetrators of sexual abuse often hide behind the lie that their victims "consented" to the sexual activity. This narrative ignores the weeks and months during which the perpetrator "groomed" the victim before the abuse.
What is the difference between a criminal case and a civil lawsuit for sexual abuse?
The government brings a criminal case and aims to hold the abuser accountable for breaking the law. The outcome of a criminal case may include penalties like jail time, fines, or probation. Importantly, these cases focus on punishing the offender, rather than compensating the survivor.
A civil lawsuit, on the other hand, is initiated by you, the survivor. Its goal is to seek justice in the form of financial compensation for the harm you've endured.
A civil case addresses not only the physical and emotional impact of the abuse but also the financial costs, such as therapy or lost wages, that you may have incurred. Unlike a criminal case, the standard of proof in civil lawsuits is lower; you do not need to prove the abuse "beyond a reasonable doubt" but rather by a "preponderance of the evidence."
Do I need to have reported the abuse to the police in order to file a civil claim?
Remember, you do not need to have reported the abuse to law enforcement to pursue a civil lawsuit. Your legal rights are not dependent on reporting. Many survivors choose not to contact the police for various reasons, and that decision does not prevent you from seeking justice through the civil legal system. We understand and support your decision.
What if my child was sexually abuse by another child at school?
If you have learned that another child sexually abused your child, that is something to take very seriously. The sexual abuse of a child by another child or by an adult can have life-altering consequences.
It's crucial to have your child evaluated and interviewed by a professional psychologist or psychiatrist who is skilled in handling issues with childhood sexual abuse. This step will provide you with the necessary information and empower you to take the right actions.
If your child has been sexually abused by another child at school, it's important to take the situation seriously. You should ensure that your child is evaluated and interviewed by a professional who is skilled in handling issues of childhood sexual abuse.
Additionally, the school has a legal obligation to take proper steps to protect other children and inform the parents of the abuser's child. Even though a child committed the abuse, schools are legally obligated to report to law enforcement, who will take necessary steps to protect others.
What should we do if we suspect our child was sexually abused?
Suppose you have noticed that your child has been acting very strangely lately and suspect that maybe they were sexually abused. If you are noticing some behaviors have changed in your child, that your child is acting out in what appears to be a sort of sexual way, and you have a concern whether they've been sexually abused in some way, consult with a professional.
Your child must be interviewed by someone highly skilled and knowledgeable, so there is no risk of introducing something into their mind that wasn't already there.
This is often a concern when children are being interviewed. They tend to want to please the interviewer, especially if it's a parent or someone in a position of authority. They may say something to please you, which isn't accurate. Therefore, it's crucial that a professional conducts the interview and asks the appropriate questions.
What if my daughter receives sexual text messages from an adult?
Inappropriate sexual communications or conduct by an adult to a young, vulnerable child is sexual abuse. It is inappropriate and unlawful. It is something that needs to be dealt with immediately and stopped.
Children are very vulnerable and impressionable, and they look up to adults in organizations, such as churches or schools. They are susceptible to being exploited and taken advantage of through grooming and other means, which can lead to actual physical sexual abuse.
The grooming of a child, preparing them for being sexually abused, is in itself sexual abuse. That child requires professional help and intervention; this situation should be reported to law enforcement. It needs to be investigated properly.
What can I do if a family member abused me?
Most circumstances of childhood sexual abuse involve what is called acquaintance abuse. The victim knows their abuser, and in a great number of those cases, that involves a family member.
It can be very difficult to report a family member because it affects the entire family dynamic. However, there is no excuse for not reporting. That person must be reported to law enforcement for the safety of the child and the protection of the other children that might be at risk. It's a challenging task, but it must be done for the safety and well-being of children.
What can I do if I was molested years ago?
Suppose you were molested years ago, and you want to pursue criminal proceedings or criminal charges against that perpetrator. In that case, you need to go to law enforcement, and you need to go to the sex crimes unit associated with the local police force or sheriff's department.
Report the crime, and they will investigate the crime. If they find support for your allegations, the prosecutors will likely prosecute that individual. Depending on the circumstances, you may have the right to pursue civil legal action as a means of recovering damages.
If I tell my story of a child abuse survivor, does the lawyer have to report it?
No. Lawyers are not mandated reporters. In fact, there are very strict laws that require lawyers to maintain the confidentiality of information communicated to them by a client or potential client.
Without the permission of that client, the lawyer cannot make any revelation of any of those communications. There's a strict confidentiality requirement. So, telling a lawyer your story does not mean that the lawyer will then go and report that story. That lawyer cannot do that, ensuring your privacy and protection.
Who can I sue for sexual abuse - just the abuser or also an institution?
You can file a civil lawsuit against the individual who abused you, and in some circumstances, you may also have the option to hold an institution accountable. Institutions, such as schools, workplaces, religious organizations, or youth organizations, may bear responsibility if they failed to take reasonable measures to prevent the abuse or if they allowed environments that enabled the abuse to occur.
Will I have to go to court if I file a lawsuit?
Not necessarily. Many civil claims are resolved through out-of-court settlements, which means formal court proceedings may not be required. Attorneys often negotiate with the other party, and this process can lead to a resolution that spares you the stress of testifying in a courtroom.
However, if a settlement isn't reached, you may need to appear in court. If that happens, your attorney will guide and support you throughout the process to ensure your voice is heard and your rights are protected. The decision to move forward or settle ultimately rests with you.
Can I file a civil lawsuit for sexual abuse in California even if the abuse happened years ago?
Yes, California law provides survivors of sexual abuse with significant legal opportunities to seek justice, even years after the abuse occurred. Thanks to recent changes in the statute of limitations (SOL), some survivors have even more time to file civil claims. The current statutes of limitations are as follows:
- For survivors of sexual assault as adults (i.e., you were 18 or older at the time of abuse): the statute of limitations is 10 years from when the abuse occurred, or 3 years after discovery of the abuse.
- Survivors of childhood sexual abuse typically have until age 40 to file a lawsuit, provided the last incident of abuse occurred prior to Jan. 1, 2024.
- For child sexual abuse occurring on or after Jan. 1, 2024, the statute of limitations has been completely removed. These survivors can now file a civil suit whenever they are ready, no matter how long ago the abuse occurred.
Can I still sue if I repressed the memory and only recently remembered the abuse?
Yes, you can still file a lawsuit in California even if you've only recently remembered the abuse. The law recognizes that trauma can cause an individual to repress memories for years, and as a result, California's discovery rule provides a three-year window.
This means you have three years from the time you become aware of the abuse and its impact on your life to file a claim. This discovery rule can, in many cases, extend the statute of limitations window for your case. For more information, contact our California sexual abuse lawyers at Injury Justice Law Firm, located in Los Angeles, CA.