California Civil Code 1708.5 – Sexual Battery Lawsuits
Not all sexual abuse is as overt as rape or sexual assault. Under California law, any offensive sexual contact without your consent comes under the heading of sexual battery under California Civil Code 1708.5.
This law allows you to sue an abuser in civil court, giving you the power to demand financial compensation and legal accountability for the harm done to you--regardless of whether or not criminal charges are ever filed.
Re-living the trauma of any kind of sexual assault is deeply intimidating. Predators and the institutions that protect them rely on your fear to maintain their culture of silence. They hope the complex legal system will overwhelm you.
At the Injury Justice Law Firm, we do not let that happen.
We stand between you and this intimidating system by bearing the legal burdens, shielding you from predatory defense tactics, and fighting fiercely to help you obtain the compensation and justice you deserve.
To schedule a consultation, call (818) 394-7835 or contact us here.
What Does CIV 1708.5 Allow Me to Sue For?
California Civil Code 1708.5 allows survivors to bring a civil lawsuit for sexual battery, even if no criminal charges were filed.
In effect, it covers almost all intentional, non-consensual sexual contact, including situations involving coercion, fraud, abuse of authority, or incapacity.
Under California law, sexual battery is defined as any non-consensual, harmful, or offensive sexual contact with an intimate part of your body by someone else. Under CIV 1708.5, a person commits sexual battery against you if they do any of the following:
- They act with the intent to touch an intimate part of your body in a harmful or offensive way, and unwanted sexual contact results.
- They use their own intimate body part to touch you in a sexual or offensive way, and the contact is sexually offensive.
- They act in a way that makes you reasonably fear immediate unwanted sexual touching--and it happens. (This act removes the need to prove the intent of the perpetrator, focusing only on how their actions made you feel.)
- They remove a condom during sexual contact without your consent (a practice known as "steathing").
The legal definition of an "intimate part" includes the sexual organ, anus, groin, buttocks, or female breast. "Offensive contact" is defined as any physical contact that offends a reasonable sense of personal dignity.
Do I Need a Criminal Conviction to File a Sexual Assault Claim in California?
No, your abuser does not need to have a criminal conviction for you to sue for sexual battery.
The criminal justice system requires a stricter burden of proof, which often allows abusers to escape criminal charges. Civil claims are filed separately from that system and are subject to a lower burden of proof.
You are actually more likely to hold your abuser accountable by filing a civil suit for sexual battery than to see your abuser convicted of a crime.
How is Consent Evaluated in Civil Cases?
Under California law, consent must always be freely and voluntarily given when sexual contact occurs. Any absence of that consent constitutes sexual battery.
California law recognizes that consent simply does not exist when someone uses force, intimidation, manipulation, or exploits your physical or mental incapacity.
If you either did not give your consent prior to sexual contact or you were physically or mentally unable to do so, then the contact was non-consensual, and you are eligible to pursue civil damages.
You also have the right to withdraw your consent at any time during a sexual encounter, and if the other party does not stop, it is still sexual battery.
What Damages Can I Claim in a Sexual Battery Lawsuit?
Under CIV 1708.5, you're entitled to compensation for sexual battery in the form of economic damages, non-economic damages, and, as the court permits, punitive damages.
The trauma of a sexual battery disrupts every facet of your life. Medical bills pile up. Therapy costs drain your accounts. You may miss work or lose your job entirely.
By filing a civil suit for sexual assault, we can force the responsible parties to cover these expenses.
Specific types of damages that can be received include:
- Economic damages: Referred to in the law as "special damages," these cover measurable, actual financial losses. This includes past and future medical bills, ongoing psychological therapy costs, and any lost wages or diminished earning capacity.
- Non-economic damages: Also known as "general damages," these cover the profound human cost of the assault, such as pain and suffering, emotional distress, loss of consortium, and loss of enjoyment of life. The invisible nature of your pain does not make it any less real, so we calculate its monetary value and add it to your claim.
- Punitive damages: This is additional money designed specifically to punish the abuser. When conduct is particularly malicious or egregious, we ask the court to impose punitive damages to penalize the perpetrator and deter future abuse. These damages are awarded at the judge's discretion.
Frequently Asked Questions
What qualifies as sexual battery in California?
Any non-consensual sexual touching of an intimate part may qualify under California Civil Code Section 1708.5.
Do I need proof like a police report?
No. You can file a civil claim without a police report.
Can I still file a lawsuit if I didn't resist?
Yes. Lack of resistance does not equal consent.
What if I was afraid to say no?
Fear, coercion, or power imbalance can invalidate consent.
How much compensation can I receive?
It depends on your damages, evidence, and case facts.
Can I sue an employer or institution?
Yes, if they failed to prevent or stop the abuse.
Why Hire a California Sexual Abuse Lawyer?
Sexual battery cases are complex and emotionally challenging. An experienced California sexual abuse attorney can guide you through the legal process, protect your rights, and build a strong case for compensation and accountability.
What Evidence Strengthens a Sexual Battery Case?
Evidence commonly used to bolster a civil sexual battery claim includes things like medical records, communication records, witness statements, expert testimony, and your own account of what happened.
Your testimony is powerful evidence. Defense lawyers will try to suggest that, without physical evidence like a rape kit or a video recording, you have no case. They do this to cast doubt on your credibility and convince you to drop your claim.
We combat these tactics by using multiple, compounding forms of proof that validate your testimony. Even without physical evidence, we gather the documentation needed to expose the truth. These may include:
- Medical and therapeutic records: We use notes from your doctors and therapists to document the psychological and physical aftermath of the battery.
- Witness statements: We speak to friends, family members, or colleagues you confided in shortly after the incident.
- Digital communications: We subpoena texts, emails, and social media messages that show the abuser's manipulative patterns of behavior or implicit admissions of guilt.
- Expert testimony: We bring in trauma experts to explain how your reactions align with recognized responses to severe abuse.
Hypothetical Case Study
To illustrate how we approach cases like these, consider the hypothetical case of a college student, "Sophia," who experiences sexual battery by a trusted mentor, her professor.
During a one-on-one meeting in his office, the professor makes unwanted advances, touching her inappropriately and intimately. Sophia does not specifically resist, but neither does she verbalize consent--she feels helpless because of the power imbalance.
Sophia leaves the office shaken and unsure what to do, fearing retaliation because of the professor's significant influence over her academic future. Ultimately, she decides to pursue a civil claim to recover damages and seeks our help.
Our Approach
Our legal team has determined that the professor's behavior constitutes a clear violation of California Civil Code 1708.5, and we have filed a civil claim to recover damages.
We begin to work with Sophia to build her case. We immediately begin preserving all available evidence, including the professor's text messages that may reveal a pattern of "grooming" or other inappropriate behavior.
We also identify and interview other students who may have had similar experiences, strengthening her case with corroborating statements.
In negotiations with the professor's attorneys, we demonstrate how the professor's actions meet the legal definition of sexual battery—non-consensual, offensive contact with an intimate part.
We seek economic damages to cover Sophia's therapy costs and any academic setbacks, as well as non-economic damages for the emotional distress she has endured.
The professor offers a meager settlement contingent on Sophia's agreement to sign a non-disclosure agreement (NDA). We reject the offer and tell the attorneys we'll see them in court.
The Outcome
Realizing the fatal flaws in their defense strategy, the professor's legal team agrees to settle out of court with a healthy settlement covering the damages we've outlined.
We can secure the compensation Sophia deserves without her having to testify in public court, empowering her to move toward healing.
Why Pursue a Civil Lawsuit?
For the victim of sexual assault, filing a civil lawsuit is about reclaiming your power and helping you recover losses so you can continue the healing process.
The abuse you endured stripped away your sense of safety and autonomy. The aftermath left you grappling with fear and financial instability.
A civil claim flips the script. It forces the abuser—and in many cases, the institutions that shielded them—to face the consequences of their actions.
This process provides the financial support necessary for your long-term recovery. It shifts the payment burden from your shoulders to theirs.
Furthermore, it ensures the legal system formally recognizes the harm you endured, establishing a permanent record of their wrongdoing.