Sexual Assault And Battery Victims Can Seek Justice Outside Of The Criminal Courts System
Sexual assault and sexual battery victims often believe that criminal prosecution of the person who harmed and injured them is their only recourse. Victims of sexual assault and other violent crimes are typically unaware that they have the right to sue their assailant in civil court to recover damages for their injuries.
In California, victims of sexual assault can pursue justice through both a civil and criminal case. Civil claims involving sexual violence concern much more than monetary compensation; they are sometimes the only way for victims to hold the perpetrator accountable, achieve some measure of closure, and help prevent similar things from happening to someone else. If you or a loved one were a victim of sexual violence or assault in California, The Accident Pros can help you obtain the justice you deserve.
California Law on Sexual Assault and Battery
We want victims of sexual assault and their loved ones to know their legal options after sexual assault incidents.
Sexual Assault Penalties
Sexual assault is a broad term that applies to various offenses. Those who commit sexual assaults should expect criminal prosecution from the state where the act took place as well as civil actions from their victims.
Criminally, sex crimes, including sexual assault and sexual battery, are punishable under both California and Federal Law. Sexual assault crimes may fall under misdemeanor or felony classifications depending on several factors, the age of the victim being the most pertinent. In California, there is no longer a statute of limitations in criminal cases.
In addition to criminal cases, sexual assault victims can pursue justice and compensation through a civil claim. This is where The Accident Pros come in. In California, anyone who has been a victim of sexual violence or assault may file a civil claim for damages, even in the absence of a criminal conviction or a police report.
Victims May Be Eligible For Compensation For:
- Medical expenses. The victim can sue for the cost of necessary medical treatment resulting from the sexual assault or battery. This may also apply to the cost of necessary ongoing psychological counseling or other forms of treatment.
- Lost income. If a sexual assault incident prevents a victim from working for an extended time or causes her to leave a job, she can sue for the wages lost as a result.
- Pain and suffering. California law recognizes that the experience of sexual assault is traumatic and often leads to long-term psychological difficulties. The law allows victims to sue for their mental anguish, physical pain, and emotional distress.
- Punitive damages. The court will often dictate punitive damages for offenders who engage in intentionally harmful or egregiously negligent behaviors to dissuade similar behaviors in the future. The amount of punitive damages recoverable typically depends on the offender’s financial state.
Time Limits in California For Filing a Claim
Civil cases generally require victims of sexual abuse to file a claim within two years of the alleged incident (This time is tolled or stopped if the sexual abuse involves a minor). It is incredibly important for victims to preserve their rights and file a claim before the statute of limitations expires, as a failure to do so may bar you from pursuing a claim. Speaking with one of our experienced and top-rated attorneys can help you pursue your legal options and make sure you don’t miss any deadlines.
The Accident Pros attorneys have significant experience representing victims of sexual assault, sexual battery, and other forms of sexual violence
Do not fight the insurance companies alone. If you or someone you know has suffered personal injuries from a sexual assault or battery, call the experienced injury attorneys at The Accident Pros today for a no-cost case evaluation to help you understand your legal rights and help you get the compensation you deserve. Let us help you get the peace of mind you deserve during these vulnerable times. The Accident Pros fight to obtain fair compensation for sexual assault and sexual battery victims in Los Angeles, San Diego, San Bernardino, San Francisco, San Jose, and throughout California.