What Survivors Need to Know About Filing A Sexual Assault Lawsuit

Sexual assault turns your life upside down. It leaves deep emotional wounds, disrupts your sense of safety, and often carries long-term consequences that affect your work, relationships, and mental health. If you're thinking about filing a sexual assault lawsuit against the person who harmed you—or any institution that failed to protect you—you’re not alone. Many survivors consider civil legal action as a way to take back control, find justice on their terms, and hold people accountable.

Understanding Your Legal Options After Sexual Assault

A civil sexual assault lawsuit is not the same as a criminal case. In a criminal case, the state prosecutes the offender, and the goal is punishment—jail, probation, or fines. In a civil case, you bring the lawsuit yourself to seek compensation for the harm you suffered. These two paths can run at the same time or separately, and you don’t need a criminal conviction to file a civil lawsuit.

In California, the law recognizes the unique trauma survivors face and gives you multiple legal grounds to bring a claim. Depending on your situation, you may file under one or more of the following:

• Battery or assault: when someone intentionally touches you in a harmful or offensive way without consent.
• Intentional infliction of emotional distress: for the severe psychological harm you experienced.
• Negligence: if a third party, like a school, employer, or organization, failed to act responsibly to prevent or stop the abuse.
• Sexual harassment or abuse in institutional settings: especially important in cases involving employers, religious organizations, or public entities.

If your case involves an institution like a school or city agency, you may need to file a government claim within six months of the incident. That’s why it’s important to act quickly and get support from someone who understands the process.

Building Your Case and What You’ll Need to Prove

A civil case is about harm and accountability. You don't need to prove the assault beyond a reasonable doubt like in criminal court. Instead, you only need to show it's more likely than not that the assault occurred and that it caused harm. This is known as the preponderance of evidence standard.

Evidence in these cases can take many forms:

• Medical records showing physical or psychological injuries
• Police reports, even if no charges were filed
• Witness testimony, including anyone you confided in or who saw changes in your behavior
• Therapy notes or statements from mental health providers
• Texts, emails, or social media messages from the assailant or people involved
• Work or school records showing a change in performance, attendance, or behavior

You don’t have to gather all this alone. A trauma-informed legal team can help you collect, preserve, and present the evidence in a way that minimizes re-traumatization. California courts allow certain accommodations during proceedings, including remote testimony, protective orders, and privacy safeguards, especially in sensitive matters like sexual assault.

You also have the right to file anonymously in many cases, using a pseudonym like Jane Doe or John Doe to protect your identity in court filings. Your safety and privacy are always top priorities.

In terms of damages, your lawsuit can pursue compensation for:

• Medical expenses
• Mental health treatment
• Lost income or career setbacks
• Pain and suffering
• Emotional distress
• Punitive damages (in cases of egregious conduct)

Punitive damages are designed to punish the offender and deter similar behavior by others. They’re not awarded in every case but may be available when the conduct was particularly harmful or done with intent.

Taking the First Step and Preparing for What’s Ahead

Filing a lawsuit is a big decision. It’s not just a legal move—it’s emotional, personal, and often part of a broader healing journey. You don’t need to rush into it. But when you're ready, it helps to know what to expect.

The civil process typically starts with a demand letter outlining the facts and the damages you’re seeking. In some cases, the matter can be resolved through settlement before ever going to court. If not, your attorney will file a formal complaint and begin the litigation process. That includes:

• Discovery, where both sides exchange information and take depositions
• Pretrial motions, where legal issues are argued before trial
• Mediation, which may lead to a settlement
• Trial, where a judge or jury decides your case

You don’t need to go through every step. Many civil sexual assault lawsuits are resolved confidentially through negotiation or mediation. But if your case goes to trial, you’ll have support throughout, including help preparing your testimony and navigating the courtroom process.

Some survivors worry that filing a lawsuit will reopen wounds or expose them to retaliation. California has strong anti-retaliation laws—especially in cases involving employers—and courts can issue protective orders if you feel unsafe. You’re not alone in this process. An experienced team will help shield you from unnecessary trauma while fighting for justice on your terms.

Most importantly, you are always in control. Filing a lawsuit doesn't mean giving up your agency. You get to decide how far to take the case, whether to settle, and what outcome feels right for you. Whether you want to pursue accountability, change policies at an institution, or secure the financial support needed for your healing, the civil justice system can be a powerful tool.

Talk to a Legal Advocate Who Listens

You’ve already survived the hardest part. If you're ready to take the next step, ADZ Law LLP is here to help you understand your rights, build a strong case, and fight for the accountability you deserve. Contact our team today for a confidential consultation. Let’s talk about your options—on your timeline and on your terms.