Sexual Assault in California: Understanding Your Rights

Sexual assault is a serious violation of personal rights and dignity. In California, it includes any non-consensual sexual contact or behavior, such as unwanted touching, rape, or sexual coercion.

What is Sexual Assault in California?

According to California Penal Code Section 261, sexual assault covers a broad range of non-consensual sexual acts. Offenders can face severe penalties, including imprisonment and sex offender registration.

Pursuing Justice and Finding Support

Seeking justice is challenging but empowering. Having the right lawyer and a strong support system can make a significant difference. Many survivors who take legal action find a sense of control and help spark real change.

Legal Options for Survivors

In California, sexual assault cases can be addressed through criminal and civil courts. Knowing the difference between these paths is essential for survivors seeking justice.

Criminal Cases

In criminal cases, law enforcement investigates the assault, and if there's enough evidence, the district attorney may press charges. Criminal cases require the prosecutor to prove guilt “beyond a reasonable doubt,” a high standard aimed at protecting the accused's rights.

Statute of Limitations: Felony sexual assault has no time limit, meaning charges can be filed anytime. For misdemeanors, the statute of limitations is typically one year.
For Minors, California law (Penal Code section 801.1): There’s no time limit to press charges if the victim was a minor when the assault happened. For adult victims, the general limit is 10 years, but this can vary.

Civil Cases

Survivors can file a civil lawsuit to seek compensation for medical expenses, lost wages, or emotional trauma. These cases may also hold institutions responsible if their negligence contributed to the assault. Unlike criminal cases, the burden of proof in civil cases is lower, requiring only that it’s "more likely than not" that the assault occurred.

Statute of Limitations (California Code of Civil Procedure section 340.1): Generally, survivors have 10 years to file a civil lawsuit, but new laws like Assembly Bill 1619 extend this to age 40 or within five years of discovering trauma-related injuries.

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When seeking a civil attorney, you typically have two primary billing options: hourly or contingency-based fees. However, depending on the nature of the case, there may be other billing methods available as well.

Hourly Rate: With this arrangement, you pay the attorney for each hour worked on your case. This can provide a clear understanding of costs, but it may become expensive if the case is complex or lengthy. Hourly rates are often used for straightforward cases or when you need ongoing legal advice.

Contingency Fee: In a contingency arrangement, the attorney’s fee is contingent upon winning the case. They receive a percentage of the settlement or judgment awarded. This can be advantageous if you have limited funds upfront, as you only pay if you win. However, be aware that the attorney's percentage will be deducted from your recovery, potentially reducing your final amount.

Consider your financial situation, the complexity of your case, and your confidence in a successful outcome when choosing the billing method that best suits your needs.

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Legal Tip: Ensure Proper Classification of Your Civil Settlement

If you win your civil case, it’s crucial to ensure that the settlement is properly classified. Compensation for pain and suffering is typically non-taxable under federal law, whereas lost wages or other damages may be taxed. Ensure the defendant or organization issuing the payment does not misclassify the settlement as a W-2 or 1099 income, as this could result in unnecessary tax liabilities or fines years down the line from the IRS. Work closely with your attorney to ensure the settlement agreement clearly specifies the nature of the damages before settling, and consult with a tax professional to avoid potential tax complications.

 

Helpful Tips for Survivors Seeking Justice:​

Document Everything
Even if you're undecided about pursuing legal action right away, keep detailed records of the assault. Save medical reports, communications, and notes on your emotional and physical health. These records can be crucial for both criminal and civil cases.

Avoid Social Media:
Consider stepping away from social media entirely while your case is in progress. Avoid posting any details about the incident or legal proceedings, as even unrelated posts or interactions can be scrutinized and used by the opposing party to undermine your credibility or complicate matters. Though it may feel unfair, this is a temporary measure designed to protect your pursuit of justice.

Consult an Attorney Early:
Even if you're not sure about filing a case, speaking with a lawyer early can help you understand your options and guide you through the emotional and legal complexities. Be cautious—sometimes, lawyers may delay your case and later decide not to take it. Make sure to get clear commitments from your attorney.

Holistic Health Balance: 
As you go through the legal process, focus on your well-being. Seek counseling, mental health support, and positive outlets for stress. Just like in our mentorship program, maintaining emotional balance is key to staying strong throughout your healing journey.

Confidentiality and Anonymity:
If privacy is a concern, you may be able to proceed with your case anonymously such as Jane or John Doe. Discuss this option with your attorney to explore what’s best for your situation.

Stay Aware of Deadlines:
Be mindful of deadlines, especially with civil cases. California has some of the most extended statutes of limitations for sexual assault, but acting sooner gives you more options.

Seek Support: 
Legal help is important, but so is emotional support. Surround yourself with trusted friends, family, and support networks. Programs like Arella’s mentorship can offer guidance and comfort, reminding you that you're not alone in this journey.