As a survivor of sexual assault, you've been through an emotional and physical trauma that can't be ignored. You may be at the point in your healing process where you are considering pursuing a civil sexual assault case in California.
Empower yourself by understanding your full range of options - including who you can sue in a civil case. This knowledge will give you a sense of control and confidence in making the choice that feels right for you.
You can sue multiple parties in a civil sexual abuse case when a third party's negligence, failure to provide adequate security, or failure to screen and monitor employees properly contributed to the assault.
Potential defendants beyond the assailant include property owners, businesses, schools, employers, churches, medical facilities, and organizations that were aware of the offender's intent or a dangerous situation but failed to take reasonable steps to prevent harm.
Strategically, suing multiple parties in a civil sexual assault case can increase the likelihood of recovering monetary damages, especially if the assailant lacks assets to pay.
Simply put, if you are a sex abuse survivor, you can hold your abuser and those who helped or harbored them financially accountable with a civil lawsuit. This is a path to justice and reparation for the harm you've endured.
Third parties can be sued for concealing or turning a blind eye to their actions. Below we've included some information that we hope will help you feel less overwhelmed by the process.
What is a Civil Sexual Abuse Case?
When many people think of a sexual assault case, they think of a criminal case. In criminal cases, the party bringing the case is the government, which is responsible for punishing the abuser for breaking the law.
While a criminal case may feel like justice, it isn't the only option when it comes to justice in a civil sexual assault case. In fact, you don't need to have involved law enforcement or have a criminal sexual assault case to move forward with a civil case.
A civil lawsuit is your avenue to seek justice. In this case, you, as the survivor, sue the liable parties to receive financial compensation for the harm caused by the sexual assault.
As a survivor, you can sue your abuser, but this isn't necessarily the only person who can be held liable. You may be able to sue and recover damages from third parties. In other words, individual perpetrators often lack the funds to compensate survivors fairly.
To secure the awards owed to you, you may need to pursue a lawsuit against the abuser's employer. Employers bear responsibility for their employees' negligent or wrongful actions via a legal principle called vicarious liability. Employers may also be liable in their own right if they aided or abetted your abuser in any way.
Common Side Effects of Sexual Abuse
Sex abuse can cause a wide range of long-term physical, mental, and emotional health problems. The common side effects of sexual abuse include the following:
- Substance abuse issues
- Eating and sleeping disorders
- Flashbacks, nightmares, and panic attacks
- Post-traumatic stress disorder (PTSD)
- Self-harming behaviors and thoughts of suicide
- Unplanned pregnancy
- Sexually transmitted infections
- Trust issues and problems forming relationships
Sex abuse is any type of unwanted or non-consensual sexual contact. Sex abuse includes sexual assault, harassment, rape, oral sex, sexual touching, or sexual coercion.
Who Can Be Sued in Civil Cases?
As a survivor, your abuser is the most obvious person you will name in a civil sexual assault case. Whether a third party is liable, in addition to your abuser, for your sexual assault, you may be able to include them in your lawsuit.
The context in which it occurred and where your sexual assault happened will determine if a third party is liable. For instance, if your assault took place in a poorly lit parking lot of a nightclub, the nightclub could be held liable for not providing adequate security.
Other situations where a third party may be liable include, but are not limited to:
Landlords or Apartment and Condominium Complexes
Housing complexes are responsible for maintaining safe premises for their residents and visitors. This involves vetting staff, maintaining the property, and taking action to prevent foreseeable crimes and incidents. This can include taking security measures and ensuring that locks function properly in all units.
Employers
Employers who fail to conduct background checks or knowingly hire staff with a history of sexual assault or misconduct can be liable. For example, if a hotel hires someone with this history and the employee commits a sexual assault, the hotel could be held liable for negligent hiring, supervision, or employee retention.
Schools.
Schools, from K-12 through university, are tasked with protecting students. They should be on the lookout for teachers who groom students or have inappropriate relationships. Failing to handle any report of inappropriate conduct with a student can mean they are liable for sexual assaults that happen on their watch.
Transportation Providers
Uber, Lyft, and other transportation companies have a responsibility to fully vet their drivers and address sexual misconduct complaints from riders. If a rideshare hires someone with a history of sexual assault or has retained a driver after being notified they have sexually assaulted a passenger, they could be liable in a subsequent sexual assault.
Healthcare Institutions
Healthcare institutions that have received complaints that a provider (nurses, doctors, therapists, etc.) has crossed a line with a patient and not taken action can be held responsible for failing to protect patients and for negligent supervision.
Bars and Nightclubs
Bars and nightclubs are common locations for sexual assault. These spaces have a duty to provide adequate security to prevent sexual assault and other harm to their patrons. Not having sufficient security measures, such as cameras, staff, or bouncers, or limited lighting in areas of opportunity, such as bathrooms, can leave them liable.
Other Possible Liable Parties
Depending on the circumstances of your case, our California sexual abuse lawyers can help you with a sexual abuse lawsuit against other potential liable parties, including the following:
- Jail and state prisons
- Churches and religious leaders
- Daycare and foster care
- After-school programs
- Scouting organizations
- Juvenile detention centers
- Mental health facilities
- Property owners
The foster care system is supposed to provide protection and security for children escaping difficult home environments. When that protection is violated by sexual abuse, it is an extreme betrayal, creating trauma that can linger for many years.
Damages You Can Recover in a Sex Abuse Claim
Remember, you don't have to go through this alone. Our team of experienced sexual abuse lawyers is here to help you navigate the legal process and fight for the compensation you deserve.
We are here to support you, so don't hesitate to reach out for a free consultation. The damages you may be able to recover in a sexual abuse civil claim include the following:
- Medical expenses. This includes compensation for past, current, and future medical bills resulting from your abuse. Damages may include prescription drugs and physical and mental health care.
- Lost wages and earnings. The side effects of sex abuse can affect a survivor's ability to earn income in adulthood. We can seek compensation for your lifetime income loss.
- Pain and suffering. We can pursue monetary compensation for physical and chronic pain, depression, stress, anxiety, loss of enjoyment, and diminished quality of life.
- Wrongful death. If sexual abuse was the cause of your loved one's death, we can help you seek wrongful death compensation. Awards might include your family member's medical bills, lost income, and loss of their support, services, society, protection, and guidance.
- Punitive damages. While uncommon, the court may award survivors punitive damages in sex abuse cases. Punitive damages punish abusers and other parties for their willful, wanton, or intentional misconduct.
Why Suing a Third-Party Can Be Beneficial in a Sex Abuse Case
Involving a third party in your case can be both emotionally and financially rewarding. If your abuser was never identified, rightfully holding a third-party responsible will hopefully leave you feeling that justice was, at least in part, served.
Without an identified abuser, you also have no other means of financial recovery without involving a third party. Even if the perpetrator of your sexual assault is clear, ensuring all involved parties are held responsible can be empowering. Suing a third party can have financial benefits.
Businesses, schools, and other potential third parties carry insurance policies, meaning they have a better ability to pay the damages the court may award you in your case.
Individuals, like your abuser, can be ordered to pay damages, but if they don't have the resources, it can be difficult to collect.
A personal goal of yours in holding a third party accountable may also be preventing future abuse. Companies, employers, and institutions may be motivated to make changes that create safer environments.
How a Sexual Abuse Lawyer Can Help You
Suing your abuser and other liable parties can be emotionally trying. Our experienced sexual abuse attorneys can make the process easier by providing legal support and managing every detail of your lawsuit, such as
- Identify all liable parties and pursue a case against them
- Obtain evidence and testimony to support your case
- Prepare and file paperwork that adheres to deadlines
- Handle phone calls, meetings, texts, and emails
- Represent you in court and appear for you when possible
- Calculate your economic and non-economic damages
- Represent you during a civil trial if necessary
Suppose you or a loved one has or is currently experiencing any form of sexual abuse or violence. In that case, you can contact RAINN for support and services by calling their confidential hotline at 800-656-4673 or reaching out for online chat assistance.
For additional information, contact our sexual abuse law firm at the Injury Justice Law Firm, located in Los Angeles, CA.
