Sue Someone For Assault - Victims of sexual assault or sexual abuse have the ability to sue the perpetrators for damages. Any type of sex crime can serve as the basis for a civil lawsuit. Common actions that lead to sexual assault charges include:
It is not necessary that the defendant first be convicted of a crime or even charged with one. As long as you have suffered damages as a result of a non-consensual act, you can file a lawsuit.
Sue Someone For Assault
If you are the victim of a sexual assault, you may be entitled to compensatory damages and punitive damages. You may seek to recover substantial amounts of damages for:
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Your spouses and registered domestic partners can also sue for loss of consortium (if they suffered loss of companionship, moral support and/or intimacy due to the actions of the tortfeasor).
To help you better understand the process of suing someone for sexual assault, our California personal injury lawyers discuss the following below:
If you have been the victim of unwanted touching or unwanted sexual activity, you can sue for damages.
California law does not require a criminal conviction or even a police report for you to sue for damages.
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You may be afraid to report the crime to law enforcement. You might be afraid that no one will believe you or blame you for what happened.
Most California police officers will treat you with dignity. An investigation is usually helpful, even if no criminal charges are filed.
This can help find evidence that may be useful in a lawsuit. In addition, going to the police will help strengthen your credibility in the civil case.
We know it can be frustrating if you report a sexual assault and the Prosecutor chooses not to.
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Just because the prosecutor doesn't press charges or can't secure a conviction doesn't mean you shouldn't bring a civil suit.
Because there is a lower burden of proof in a civil case, the case may still survive.
In a criminal trial, the prosecution must prove guilt "beyond a reasonable doubt." This can be difficult to do in cases of sexual assault, where consent or lack thereof is often difficult to prove.
Even in a civil case, you only need to establish liability by a "preponderance of the evidence." This means that the jury only has to determine that it is "more likely than not" that the defendant sexually assaulted or abused you.
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This doesn't mean you automatically win if it's a "he said / she said" situation. Even if it means that the jury will find the defendant liable if it finds a very small (51%) that your version of what happened is true.
Additionally, in a criminal trial, all 12 jurors must agree on the defendant's guilt in order to proceed with a conviction.
In a civil trial, on the other hand, it only takes nine out of 12 jurors to agree that the defendant is responsible.
4. How much time do I need to bring a civil case? 4.1. The statute of limitations for sexual assault of an adult in California
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If you were an adult at the time of a sexual assault, you have a two-year time limit from the date of the assault to sue for damages in civil court.
Note that this is generally a shorter period than the statute of limitations for prosecuting the defendant's actions as a crime.
If you don't file your lawsuit within this two-year period, you may lose your right to sue, even if the defendant is ultimately charged.
However, if felony charges are filed and the defendant is convicted, you have one year from the date the verdict is pronounced to file a lawsuit — even if the claim may be time-barred.
Would You Sue?
If you are a victim of sexual assault or child abuse, you can file a lawsuit in California as late as:
Because the mental health professional must evaluate you, and the attorney must review the person's findings and the factual basis for the case, it may take longer to obtain the necessary certification.
Therefore, if you are or will soon be 40 years old, you should contact a California personal injury attorney as soon as possible to prevent your claim.
Although the law imposes liability on anyone who breaches a duty of care in California if that party's negligence causes injury to another.
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This means that if a sexual assault occurs due to the negligence of another, that party can be held liable.
Example: Several residents of Jane's apartment complex complained to the administration that the locks on the building were broken. Management ignored the reports. Jane is later sexually assaulted in the garage. He sued the building's owner and property liability insurer and obtained $500,000 in damages. Example: Lyle went to a hardcore punk concert with his older brother. While there, he is bullied by a group of children who question his sexuality. The other men put their hands under his pants and felt him to "see if he was a real man." Lyle was humiliated. He sued the concert promoter because its failure to provide adequate security led to Lyle's sexual assault. Example: Kevin's daughter attends a school for children with special needs. He determined that one of the teacher's assistants had exposed himself to his daughter. Kevin's California personal injury attorney found that the school did not conduct a proper background check on the aide. Kevin brought suit against the school and school district for damages and an injunction forcing the district to change its employment practices. Example: Susan, a student at a public university, was sexually assaulted by a faculty member. She filed a Title 9 lawsuit based on the school's policies that enabled the campus sexual assault to occur.
Even consent has its limits. If the accused goes beyond the limits of what was agreed upon, it will still be considered sexual assault.
For example, you may agree to have sex but the other person must use a condom. If the other person continues to have unprotected sex, or otherwise exceeds the boundaries of consent, this can be sexual assault.
Is It Worth Suing A University For Sexual Assault Years Later?
Yes. State law under California Civil Code 3294 allows you to recover punitive damages if you can prove that the defendant acted with
(1) "Malice" means conduct intended by the defendant to cause harm to the plaintiff or contemptible conduct committed by the defendant with willful and knowing disregard for the rights or safety of others. (2) "Oppression" means contemptible conduct that subjects a person to cruel and unjust hardship in the willful denial of that person's rights. (3) "Fraud" means an intentional misrepresentation, deception, or concealment of a material fact known to the defendant with the intent of the defendant thereby to deprive a person of property or legal rights or otherwise cause damage.
This definition often applies to sexual assault cases because the defendant usually acts with willful disregard for your rights.
Unfortunately, yes, although lawsuits for reputational damage are not uncommon in the context of a lawsuit by the victim of a crime. Defamation claims in California are more common when a story is posted on social media (for example, as part of the #MeToo movement).
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This is just one reason why going to the police after an assault can be beneficial, even if there is no charge. At the very least, it will help you tell someone quickly and, in cases of rape, undergo a rape trial.
We also advise you not to post details of an alleged sexual assault on social media, even if it is tempting. If you wish to participate, we recommend that you do not disclose any identifying details. Instead, focus on how you feel about the encounter.
An attorney can help you evaluate the risk of a suit and whether suing for damages is the best way to deal with your pain.
The National Rape and Incest Network (RAINN) offers advice on what to do if you suspect a child has been harmed by illicit sex.
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The agency provides services to children and their families when children are victims of, or at risk of,
You can also call the Childhelp National Abuse Hotline at (1-800) 4-A-Child (800.422.4453). The hotline is staffed 24/7.
Our office also offers consultations to discuss possible claims for civil damages in a child sexual abuse case.
The most important things are to get help right away and keep the evidence, even if you think you can't.
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You can change your mind later. Having the evidence saved can give you peace of mind knowing that you are not locked into a decision.
If you or a loved one has been the victim of sexual abuse or sexual assault, we invite you to contact our California personal injury attorneys for a consultation about a possible lawsuit. We will fight for the maximum monetary compensation available in your case.
You can also find helpful information on our pages on how to apply for victim compensation from a California criminal court, or
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