The sexual assault lawyers at ADZ Law understand the deep complexities involved with sexual assault cases. Our approach is survivor centered coupled with fierce advocacy. We use our trauma informed methodology in everything we do — from intake and investigation to court preparation, and all steps in between.
You Are Not Alone
Sexual assault is more common than most people are aware. According to publicly reported data, an American is sexually assaulted every 68 seconds. Although women are often the target of sexual assault, it affects all sexes, genders, and sexual orientations.
Over half of women and almost 1 in 3 men have experienced sexual violence involving physical contact during their lifetimes. Moreover, sexual assault often occurs early, with more than 4 in 5 female rape survivors reporting that they were first raped before age 25 and almost half were first raped as a minor, before the age of 18.
Sexual assault does not only have immediate physical and psychological effects on survivors. It also negatively impacts the framework for a survivor’s intimate relationships in the future, hindering their ability to trust others and experience healthy intimacy. Sexual assault survivors are also likely to be victimized in the future. For example, children who have been sexually abused often experience intimate partner violence and other forms of victimization into adulthood.
Help for rape victims and sexual assault survivors is available. However, it is essential for survivors to act quickly. The process starts by reporting the unwanted sexual contact to local police and seeking medical assistance as soon as possible. This step allows the police and medical providers to collect any physical evidence that may exist, including blood, semen, fingerprints, and other biological evidence. Law enforcement also takes the victim’s statement as part of the initial investigation.
After the initial investigation is complete, getting the assistance of an advocate can give survivors a much-needed intermediary who can speak with police and prosecutors on their behalf and ensure that everything is done according to the law. Getting independent legal representation early can also put pressure on law enforcement to complete the investigation and recommend charges, so the survivor can receive justice and compensation more quickly than if they act alone.
Even if you didn’t come forward right away, you can still get help seeking justice against the offender. There are many reasons why you may have waited to report what happened to you, some of them very personal. California law has a 10-year statute of limitations, which means you can still recover damages and restitution even a decade after the incident occurred. If you were a child at the time of the assault, you have even longer to come to terms with what happened and get help.
Civil Liability in California
Fortunately, the law in California is beneficial for survivors. For example, California law has now eliminated the statute of limitations for childhood sexual assault which occurred after January 1, 2024. This means that a survivor who experienced sexual assault as a minor after 2024 can file a civil lawsuit at any time after the assault. The expansion of this limitations period also applies to business entities who may be liable for the sexual assault, either through their complicity in the abuse or their negligence in failing to protect the survivor. For sexual assaults against minors which occurred prior to 2024, the law grants a childhood sexual assault survivor 22 years from the age of majority (or age 40) to file a civil suit.
For adult sexual assault survivors, state law also provides survivors a period of 10 years to file a civil suit. And, for adult survivors who experienced sexual abuse after January 1, 2009, and would otherwise be barred by the statute of limitations, the legislature has opened a “look back window” allowing those survivors to file a civil suit until December 31, 2026.
In fact, ADZ Law helped to enact the legislation ensuring that the 10-year statute of limitations for adult sexual assault survivors can be applied retroactively. The adult sexual assault statute (CCP 340.16) was a huge step forward in recognizing the impact of sexual abuse and providing access to justice. If you think you have a time-barred claim for a sexual assault that occurred between January 1, 2009, and December 31, 2012, you now have until 2026 to bring a civil claim. Importantly, none of these statutes require a criminal conviction of any form to file a civil suit and get accountability. For more information on the new legislation, read our blog article, AB2777 Secures 10 Year Statute of Limitations for Adult Victims of Sexual Assault; Recognizes Power Imbalance that Silences Victims.
Marsy’s Law provides California victims of crimes, including rape and sexual assault, with specific rights, including:
- To be treated fairly and respectfully
- To protect their privacy and dignity
- To be free from further intimidation, harassment, or abuse during the criminal process
- To be protected from the defendant and those acting on his or her behalf
- To have their safety considered in setting bail
- To refuse to be interviewed, deposed, or answer discovery before trial
- To meet with the prosecutor regarding the defendant’s arrest or charges
- To notice when the case is resolved before trial
- To notice of criminal or juvenile delinquency court proceedings, probation and parole hearings
- To have their property returned when no longer needed as evidence
The voices of survivors of sex crimes often go unheard during the criminal prosecution process. Our sexual assault lawyers at ADZ Law advocate on behalf of sexual assault survivors to protect and exercise these rights and ensure prosecutors, courts, and other state representatives take their needs and concerns seriously.
Regardless of whether the police choose to pursue criminal charges against the offender, victims are entitled to file civil lawsuits to collect compensation for medical expenses, therapy, pain and suffering, and other types of monetary damages resulting from the sexual assault. Surviving a rape or other sexual assault is a traumatic experience that often has lasting physical, mental, and emotional consequences. California law allows the victims of sexual assault to raise a number of civil law claims against the offender, including:
- Sexual Battery: Physical harmful or offensive sexual contact
- Gender Violence: The use or threat of force against a person based in part on their gender
- Domestic Violence: Intentional injury to a spouse, romantic partner, or co-parent
- Image exploitation: Distributing sexually explicit images without consent (commonly known as “revenge porn”)
- Impersonation: Acting as another person on a website or social media site without consent
With no cap on the damages you can receive, there are many routes our sexual assault lawyers can take to get you the compensation you need in order to move forward with the healing process. Our sexual assault attorneys analyze and develop strategies to hold all responsible parties accountable e. Responsible parties may include:
- The offender personally
- Employers who ignored warning signs of sexual harassment or abuse
- Schools and public entities that did not take appropriate steps to prevent abuse
Third-Party Liability for Sexual Assault
Civil suits can be brought against business and public entities that help to perpetuate the abuse. When an entity, such as a school or employer, had a duty to keep you safe, but broke that obligation by ignoring signs of sexually inappropriate behavior, warnings, or complaints, or failed to supervise a perpetrator, that entity might be liable for the harm that could have been prevented.
If you think a business or public entity might be responsible for your sexual assault, because they acted or failed to act in a way that allowed or enabled the abuse to continue, our sexual assault lawyers at ADZ Law can help.
Criminal Consequences for Sex Offenders
California law provides criminal and civil options for victims of sexual assault to assist them in overcoming their experience and restore their dignity. Sex crimes generally include coerced sexual conduct against another person without their consent. Common sex crimes include:
- Rape: Penetration or sexual intercourse with someone (other than the person’s spouse) who does not provide consent (There are also separate crimes for date rape, spousal rape, and statutory rape.)
- Sexual Battery: Touching another person’s intimate parts against that person’s will for the purpose of sexual arousal, gratification, or sexual abuse.
- Child Molestation: Lewd or lascivious acts with children under age 14 or involving force or fear.
- Child Sexual Abuse Images: Creating or distributing sexual images of children under the age of consent.
- Sex Trafficking: Forcing someone (an adult or child) to engage in sexual labor or services.
- Domestic Violence: Sexual assault and other physical violence against spouses, family members, and members of the person’s household.
California sexual assault victims also have the right to receive restitution as part of sentencing. Our sexual assault lawyers at ADZ Law help clients receive fair restitution for the harm done to them. We also assist in registering their restitution orders as civil judgments and collect on those judgments on our clients’ behalf.
