Sexual Assault & Abuse
Sexual assault and abuse refer to sexual contact or behavior that occurs without the victim’s consent. If you are a victim of this type of assault or abuse, you have the option to file suit against the attacker and all facilitators of the abuse. As you navigate these emotional and sometimes hard to prove cases, it will be important to have the highly skilled legal representation Traut Injury Law offers.
Can You Sue for Sexual Assault or Abuse?
Yes, victims of sexual assault or abuse can file a civil lawsuit against the perpetrator and, in some cases, other responsible parties. A lawsuit can seek compensation for the physical, emotional, and psychological harm suffered, separate from any criminal charges that may be brought.
Types of Sexual Assault or Abuse for Which You Can Seek Compensation
The types of sexual assault or abuse that may justify a lawsuit include:
- Rape or forced sexual acts
- Unwanted sexual contact, such as groping or fondling
- Child sexual abuse
- Sexual harassment in certain situations
- Abuse of authority by people in positions of trust, like teachers, coaches, or law enforcement
- Sexual exploitation or manipulation, especially involving vulnerable individuals, such as minors or the elderly.
- Emotional Impact of Sexual Assault
- Sexual assault can have long-lasting emotional and psychological effects, which may include:
- PTSD (Post-Traumatic Stress Disorder)
- Anxiety and depression
- Trust issues and difficulty forming relationships
- Sleep disorders and nightmares
- Physical symptoms related to stress, such as headaches or digestive problems.
Proving Sexual Assault or Abuse
In a civil lawsuit, the standard of proof is “preponderance of the evidence,” which is lower than in criminal cases (“beyond a reasonable doubt”). Some methods to substantiate a claim may include:
- Medical records documenting physical injuries from the assault
- Psychological evaluations showing emotional or psychological harm
- Communication records (texts, emails, social media posts) if they indicate inappropriate conduct
- Witness statements from people you confided in or who observed signs of distress
- Documentation of behavioral changes, such as performance drops in school or work.
California Laws Allowing Lawsuits for Sexual Assault
California has several laws that empower victims of sexual assault to seek justice:
- Civil Code Section 1708.5 defines sexual assault and provides grounds for suing.
- Statute of limitations for filing varies by age and case type, but California allows victims of childhood sexual abuse to file up until age 40, or within five years from discovering abuse-related psychological harm, whichever is later.
- Employment and institutional responsibility laws, such as those holding schools, employers, and religious organizations accountable for failing to prevent abuse.
Proving Your Case Without Witnesses
Even without witnesses, a case can be built through:
- Your testimony, recounting the assault in detail
- Expert witness testimony, like psychologists, to explain trauma symptoms consistent with abuse
- Circumstantial evidence, such as a pattern of behavior by the accused toward you or others
- Physical evidence if available, such as clothing or forensic evidence.
If the Perpetrator Is a Teacher, Coach, or Law Enforcement Officer
Individuals in positions of trust have specific duties to avoid misconduct. If a teacher, coach, or police officer is the perpetrator, the institution (such as a school or police department) could also be liable, especially if they ignored complaints, failed to conduct background checks, or inadequately supervised employees.
Types of Damages Recoverable in California for Sexual Assault
In California, damages awarded in a sexual assault lawsuit may include:
- Compensatory damages: Covering medical expenses, therapy costs, lost wages, and more.
- Emotional distress damages: Compensation for pain, suffering, and trauma.
- Punitive damages: Meant to punish the perpetrator and discourage similar conduct in the future (often available if the conduct was particularly egregious).
- Loss of enjoyment of life: If your quality of life is substantially impacted by the assault.
Next Steps
You should contact one of the attorneys at Traut Injury Law. We specialize in sexual assault/abuse cases in California. We can help evaluate your case and guide you through the legal process for recovery.
