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According to RAINN (Rape, Abuse, & Incest National Network), an American is sexually assaulted every 73 seconds. Even with the headway we have made against sexual abuse over the past couple of decades, only 5 in 1,000 rapists will go to jail.

Although sexual abuse and assault are matters of criminal behavior and should be brought to justice under the legal system, criminally punishing the offender does little to help the victim of a sex crime.

How Civil Sexual Abuse Laws Are Different Than Criminal Sexual Abuse Laws

Separate from criminal laws in California, civil law offers the victim legal ways to seek justice and compensation for their physical, emotional, and financial damages.

The civil justice system is not responsible for matters or guilt or innocence of a sexual offender but seeks to compensate the victim specifically. Consequently, a civil suit does not require that the defendant be convicted or even charged with criminal conduct. As long as the victim suffered damages, he or she has the right to file a civil sexual abuse lawsuit.

If you have been the subject of sexual abuse or assault in California, you may have the right to a civil lawsuit against your perpetrator. You should contact an experienced California sexual assault lawyer to understand your legal rights.

What is the Definition of Sexual Assault in California?

Sexual assault does not have one legal definition but is an umbrella term that encompasses many different sex crime behaviors. Broadly speaking, for purposes of a civil claim by the victim, a sexual assault in California involves an individual’s touching or threatening to touch an intimate body part of another person against their will or without their consent.

Under the California Civil Code, in order for something to be considered sexual assault in the state of California, it must be established that

• The defendant intended to cause harmful or offensive contact with the victim’s intimate body parts either directly or indirectly, caused harmful or offensive contact using of an intimate body part, or caused an imminent fear of harmful or offensive contact.

• The touching was not consensual.

• The victim was harmed or offended by the defendant’s conduct.

What Legal Remedies Does a Victim Have After a Sexual Assault in California?

The victim of a sexual assault in the state of California has the right to bring a civil lawsuit against their perpetrator for their damages.

 Some forms of sexual assault that have commonly lead to civil sexual assault suits are

• Rape or attempted rape

• Groping or any other unwanted touching

• Sexual abuse of a child

• Sexual abuse of the elderly

• Workplace sexual abuse

• Sexual exploitation

• Sexual assault by a person of trust, such as a physician or clergy 

What is a Sexual Abuse Victim Entitled To Under a Civil Lawsuit?

Under California Civil Code, Section 1708.5, subsection b:

“A person who commits a sexual battery upon another is liable to that person for damages, including, but not limited to, general damages, special damages, and punitive damages.”

Under this statute, the damages that a victim may be entitled to are

• General damages -- General damages can include such thing as the physical pain and emotional suffering that occurred as a result of the sexual assault.

• Special damages -- Special damages are those out of pocket expenses that were the result of the assault, such as medical costs for injuries, costs for rape trauma care, psychological or psychiatric care and counseling, current and future loss of wages, and any other expenses that may result from the abuse.

• Punitive damages -- Punitive damages are those intended to punish the defendant for especially egregious behavior and to deter any similar future conduct.

Is Sexual Assault Always Rape?

Because the term sexual assault is an umbrella term for many different sexual acts, it is not specifically the same as rape.

Rape is sexual intercourse that occurs without mutual consent. It can happen between strangers but is just as likely between acquaintances, friends, and even intimate partners and spouses. Rape is most often used as a power display between the victim and the attacker and can happen to individuals of any gender and age.

Although rape is seriously punishable by the criminal courts, it has been estimated that only 23 percent of rapes are ever reported to the police. But a victim can find justice through a civil lawsuit against the perpetrator without going through a criminal case.  Many different types of rape can lead to a civil suit, including spousal rape, “date” rape, and statutory rape.

Other Forms of Sexual Abuse and Misconduct That Are Covered Under California Civil Law

Sexual abuse and misconduct come in many forms and does not always require physical contact. Any unwanted sexual attention, sexual contact, or sexual activity can qualify as sexual abuse, including

• Sexual assault or battery

• Domestic violence

• Sexual harassment

• Workplace sexual harassment

• Distribution of sexually explicit photos or videos without consent

• Unwanted sexual requests

• Forcing someone to watch pornographic materials

• Exposing of sexual genitals

• Stalking

• Unwanted touching or groping

If you have been the victim of any sexual abuse or assault, you may be able to file a civil lawsuit.

Can Other Parties Beside the Perpetrator Be Held Liable for Sexual Abuse or Assault?

Sexual abuse can happen in many different settings, including

• Workplaces

• Schools

• Universities

• Churches

• Nursing homes

• Hospitals

• Community organizations

• Sports organizations 

These settings offer many interactions between adults, children, and non-consenting adults such as the elderly, mentally disabled, or medicated. Under California law, the institution, company, or organization can also be held accountable under certain circumstances.

A company, institution, or organization may be found responsible due to many reasons, including negligent hiring procedures, insufficient supervision, if they knew or should have known about the perpetrator’s lack of fitness in the performance of their job, lack of background checks, failure to follow up on complaints, or other negligent practices.

In many cases, sexual perpetrators exhibit early warnings or red flags that supervisors, co-workers, or others may have noticed or reported. Employers and organizations have a duty to investigate these reports and remove the person in question if warranted. Unfortunately, many do not investigate or follow up and even try to hide complaints.  

Protecting Your Loved Ones: Signs That Abuse May Be Happening

Spotting the abuse of vulnerable loved ones, whether they are children, the elderly, or the disabled may stop the abuse and enable you to hold the offender accountable.

• Sexual offenders use fear tactics and intimidation to prevent their victims from speaking out. Look for fearful behavior from a loved one.

• Sudden changes in behavior may indicate some form of sexual abuse.

• Sudden injuries or medical issues can indicate that abuse has taken place.

• Offenders can groom their victims and lure them with flattery and a sense of security and affection.

• Offenders may use substances or alcohol to reduce resistance.

• Offenders will often seek to isolate a victim and erode a support system.

• Offenders will try to manipulate and confuse their victims and attempt to shift responsibility.  

Sexual abuse of a person under the age of 18 is a criminal offense. If you suspect a child is being abused, you should contact California Child Protective Services to file a report. You can also call the Childhelp National Abuse Hotline, which is staffed around the clock.

Factors in Deciding Whether to Bring a Civil Suit Against a Sexual Perpetrator

The decision to file a lawsuit against your abuser may be a highly emotional one. For some, it may be empowering, while for others, it can feel draining and may reopen old wounds.

In a civil lawsuit, you will be financially compensated for your damages and get the opportunity to tell your story. In some cases, the perpetrator will no longer be able to hide behind any secrecy. This will also expose the perpetrator to the public and put others on notice. Unfortunately, it can also be a lengthy process requiring a loss of privacy and public exposure for the victim. Some people who you love may simply not believe you.

These are things for all sexual abuse victims to consider.

How is Sexual Abuse or Sexual Assault Proven in a Civil Lawsuit?

In a criminal sexual assault case, guilt must be proven using the burden of proof “beyond a reasonable doubt.” This means that the prosecution must convince a jury that there is no other reasonable explanation for the evidence presented other than the defendant’s guilt. This demands a great deal of certainty and 100% agreement by the jury in order to render a guilty verdict.

In a civil lawsuit, the burden of proof is called a preponderance of the evidence. This means that a jury must conclude that it is at least 50% likely that the defendant sexually assaulted or abused the victim. Only 9 of the 12 jurors need to come to this conclusion.

Get Experienced Legal Advice

The state handles criminal sexual prosecutions, but in the case of a civil lawsuit, you will need a skilled and experienced California sexual assault lawyer to hold an offender accountable. If you or a loved one has been the victim of sexual abuse and assault in California, Wave Law Firm can help. Contact us for a free and confidential consultation to discuss your case.