Anaheim Sexual Abuse Lawyer

California has some of the strongest sexual abuse laws in the United States. We take the claims of sexual abuse survivors seriously, and our laws are designed to facilitate justice and provide expanded options for civil claims. The term sexual abuse in California embodies numerous offenses ranging from unwanted sexual contact to coercion and exploitation by authority figures.

The state has also recently passed laws extending statutes of limitations on sexual abuse claims to give survivors more time to file civil claims, including revival windows for previously time-barred claims. This is especially important for survivors of childhood sexual abuse, who may not be ready to come forward for many years.

Civil sexual abuse claims are separate and distinct from criminal proceedings. While criminal cases seek to punish the perpetrator, civil cases seek to hold them financially responsible for the costs of their abuse, including medical expenses, therapy, lost wages, and pain and suffering. A skilled Anaheim sexual abuse attorney can help you understand how these laws apply to your case and whether your claim is still viable.

Sexual abuse can happen in many different places and to all different types of people. It can be perpetrated by individuals or institutions that you may have trusted or relied upon in some way. Our firm handles many types of sexual abuse cases, including but not limited to:

• Childhood sexual abuse
• Sexual abuse in the workplace
• Abuse performed by trusted individuals, such as clergy or coaches

In every case, we approach survivors and their claims with the utmost discretion, respect, and empathy for the trauma they have been through.

Only about 34% of all sexual assaults were reported to law enforcement, according to a significant national study, indicating that the majority of sexual assaults go unreported. Additionally, 14,346 completed or attempted rapes were reported in California in 2022, amounting to roughly 36.8 per 100,000 people.

Sexual abuse includes much more than the actual act of rape or physical sexual violence. The legal definition of sexual abuse in California extends to any sexual activity that lacks consent or legality, especially when there exists a power imbalance or the victim lacks legal ability to consent.

Sexual abuse is often the unwanted touching of a person’s body, including groping or fondling of private body parts over or under clothing. Sexual abuse encompasses any sexual act enforced through force or threats, as well as intimidation or manipulation when someone uses power to compel another person to engage in sexual intercourse against their will.

Sexual abuse is also committed when a victim is too intoxicated, unconscious, or otherwise incapacitated to give consent.

Childhood sexual abuse is also a very serious crime. Childhood sexual abuse can be any unwanted or forced sexual contact with a minor. Although this abuse may be done by force, it often takes place by people a child trusts, such as a teacher, coach, caregiver, religious leader, or family friend.

Sexual abuse also includes abuse that happens in the workplace or an institutional setting, such as a school, hospital, nursing home, or religious institution. The institutions themselves may also be held legally responsible for abuse that occurred there.

Filing a civil claim for sexual abuse is not just about receiving financial compensation, though that can be important. It can also be about holding others accountable for their actions or inaction. Sexual abuse cases in civil court can bring to light systemic or institutional misconduct, negligence, or other failures that contributed to the abuse or enabled it to occur. Civil claims can also lead to policy changes or other measures that will better protect others in the community.

Victims of sexual abuse may be eligible for significant monetary damages in a civil claim. In a civil case, rather than focusing on punishment and criminal liability, the goal is to make the victim whole by providing the financial means to help heal and move forward. Available damages in a claim include:

• Medical bills
• Cost of therapy
• Lost income
• Loss of earning capacity
• Pain and suffering
• Ongoing treatment
• Punitive damages, particularly in situations where egregious conduct occurred

Damages can vary from case to case, depending on the severity of the abuse, the long-term impact, and the level of negligence involved. An Anaheim sexual abuse attorney can work with professionals to fully assess the extent of harm suffered. They can also pursue a compensation package that accurately reflects the full extent of your injuries and damages.

Many survivors are concerned about what to expect if they file a claim. Although each case is unique, a typical claim will start with a confidential consultation to discuss the facts of the case and determine if a legal claim is warranted. If a claim is initiated, the attorney will perform an investigation, which can involve record review, witness interviews, and consultations with medical or psychological professionals.

In most sexual abuse cases, the matter is resolved by settlement, meaning the survivor will not have to testify in court. However, if a trial is necessary, an Anaheim sexual abuse lawyer can work diligently to present your case. Throughout the process, privacy and your overall well-being should be prioritized.

Filing a claim for sexual abuse is a highly personal decision, and if you make the choice to pursue legal action, you need the right lawyer on your side. If you have experienced sexual abuse, you need to hire a sexual abuse lawyer who understands both the law and the trauma involved. Sexual abuse cases require a detailed investigation.

A skilled sexual abuse lawyer can manage the communication, evidence, and interaction with other parties on your behalf. This allows you to focus on what matters most, which is your own recovery and healing.

How Long Do You Have to Press Charges for Sexual Assault in California?

California has different statutes of limitations for criminal sexual assault depending on the specific offense and the age of the victim. Many felony sexual assault offenses, such as rape, have no statute of limitations if DNA evidence is present. There is a new law in place that extends the statute of limitations by two years for those whose cases were previously barred from filing.

Why Is There No Romeo and Juliet Law in California?

California does not have a “Romeo and Juliet” law that provides an automatic exemption for close-in-age relationships from prosecution for statutory rape. The age difference and circumstances are, however, mitigating factors that a court can consider when determining the appropriate penalty.

Consensual sexual activity between minors is also still chargeable, but it is up to the discretion of a prosecutor, and the circumstances/penalty will vary depending on the specific facts.

Which Three Examples Are Considered Abusive Conduct Under California Law?

Under California law, abusive conduct can include repeated harassment or following, credible threats of violence, and unwanted physical contact that causes fear or distress. Such actions may give rise to civil claims or restraining orders even if they do not rise to the level of a criminal conviction. California law particularly targets patterns of conduct that seriously alarm or emotionally harm another person.

What Qualifies as Sexual Assault in California?

Sexual assault in California typically encompasses nonconsensual sexual contact, generally referring to any unwanted touching of private parts for the purpose of sexual arousal, abuse, or gratification. Sexual assault may involve forceful actions or coercive tactics that manipulate victims or occur when legal consent cannot be given due to underage status or impairment through intoxication. Sexual assault is both a crime and a civil wrong.

Suffering sexual abuse is a serious matter. In addition to the physical effects, victims are often left with psychological and emotional damage for years after the incident. If you have suffered sexual abuse at the hands of another, you don’t have to handle the aftermath alone. Easton & Easton can help you. Contact us today for a consultation.