Understanding Your Legal Rights as a Victim of Sexual Assault in California

California law offers several protections to help survivors seek justice, hold perpetrators accountable, and move forward with dignity and support. Let’s look at what you need to know in order to take control of your situation.

California law uses a broad definition of sexual assault, which includes any non-consensual sexual act. These acts can range from unwanted touching all the way to rape. Any sexual activity involving coercion, force, or lack of consent is against the law.

You should know that perpetrators of sexual assault can face significant criminal and civil consequences. The criminal case focuses on punishing the offender through things like fines, imprisonment, or probation. Civil cases, on the other hand, focus on compensating you for the harm you’ve suffered, including your medical bills and emotional distress. Thoroughly understanding your legal rights begins with knowing which avenues of justice are available to you. The Los Angeles sexual assault attorneys at Taylor & Ring are here to help.

What is the statute of limitations for sexual assault in California?

The statute of limitations is the time limit you have to file your claim. California worked to extend these deadlines for survivors of sexual assault. The extensions reflect the more modern understanding of sexual assault victims, which acknowledges that it often takes time for victims to come forward.

For criminal cases involving sexual assault, California has eliminated the statute of limitations for certain felony offenses. This means there’s no time limit for prosecuting crimes like rape if they occurred after January 1, 2017. For offenses that occurred earlier, statutes of limitations vary depending on the specific crime and other factors, like the victim’s age.

For civil cases – meaning if you wish to file a lawsuit against your perpetrator – California law allows survivors to do so until they reach the age of 40 or within five years of discovering the assault caused them harm. This extended timeline gives survivors more flexibility to pursue justice on their own timetable.

How a protective order can help keep you safe

If you’re in immediate danger from your perpetrator, California law allows you to seek a protective order (also called a restraining order). These orders are designed to keep the offender away from you and can help provide a sense of safety during this difficult time.

There are several types of protective orders available.

• An emergency protective order (EPO) is issued by law enforcement when there’s an immediate threat, lasting up to seven days.
• A temporary restraining order (TRO) is issued by the court and typically lasts a few weeks until the hearing.
• A permanent restraining order is granted after a court hearing and can last up to five years, with the possibility of renewal.

A protective order can prohibit the perpetrator from contacting you, coming near your home or workplace, or owning a firearm. Violating a protective order is a criminal offense.

How can I pursue justice after a sexual assault?

If you decide to report the assault to law enforcement, they will investigate and, if appropriate, file charges against the perpetrator. This also creates a record of the incident, which can be helpful if you choose to pursue other legal action, like a civil suit.

You can also file a civil lawsuit against the perpetrator or other responsible parties, like your employer or an institution that failed to protect you. A civil lawsuit allows you to seek compensation for your damages, including medical expenses, therapy and counseling, lost wages, and pain and suffering.

The state of California also offers a Victim Compensation Program to help survivors cover expenses related to the assault, like medical bills, therapy, or relocation costs. To qualify, you need to file a police report and meet other eligibility criteria.

If the assault occurred in an educational setting, Title IX of the Education Amendments of 1972 can protect you. You can file a complaint with your school or the U.S. Department of Education to address this issue. Our Los Angeles sexual assault attorneys can help if you have any questions.

What about my right to privacy?

Your privacy as a sexual assault survivor is protected under California law. Your identity can be hidden in court records, and you can request to testify under a pseudonym if necessary. Your medical and counseling records are typically confidential unless you choose to share them as part of your case.

How can a Los Angeles sexual assault attorney help?

Our compassionate and experienced attorneys can be strong allies in your journey toward justice. We can help by:

• Explaining your rights and options. We can help you understand your legal rights and guide you through the process.
• Building your case. We work to gather evidence, like witness statements, medical records, and documentation of the assault, to build a strong case.
• Advocating for you throughout the process. Whether in negotiations or in court, we can fight for the justice and compensation you deserve.
• Providing emotional support. Good attorneys understand the emotional weight of these types of cases, and we will handle yours with compassion and care.

What can I expect during the legal process?

The legal process can vary depending on whether you pursue criminal charges, a civil lawsuit, or both. However, here’s a general overview of what to expect:

• First, you meet with an attorney to discuss your case and decide on the best course of action.
• Our attorneys and law enforcement (if applicable) will gather evidence to support your claims.
• In a criminal case, the prosecutor will file the charges. In a civil case, your attorney will file a lawsuit on your behalf.
• Next, negotiations and/or trials begin. Many cases are resolved through negotiations or settlement, but some may go to court. We are here to fight for you.
• If the outcome is successful, you can receive compensation or see the perpetrator face criminal penalties.

What support is there for sexual assault survivors?

Besides legal remedies, California offers a variety of resources to support survivors of sexual assault. Organizations like RAINN (Rape, Abuse & Incest National Network) provides hotlines, counseling, and advocacy services. ValorUS also offers an interactive map of California to help you locate support and hotlines.

As a survivor of sexual assault, you should know that you’re not alone and that you have rights. When you’re ready to take action, talk to the Los Angeles sexual assault attorneys at Taylor & Ring. Together, we can explore your options and create a plan that empowers you to reclaim your life and seek justice. To get help, please call our office or complete our contact form as soon as possible to schedule a free consultation.