In particular, victims of sexual assault in California can be eligible to seek financial compensation through a civil lawsuit, and a relatively new law in the state gives them significantly more time to do so.

Criminal Versus Civil Cases After a Sexual Assault

After a sexual assault occurs in Southern California and the victim reports the violent act to the police, a prosecutor may decide to file criminal charges against the alleged perpetrator, and in some cases, no criminal charges may be brought. Whether or not charges are brought, and whether or not a person is convicted of sexual assault or another sex crime, you may be eligible to file a civil lawsuit after the sexual assault. Further, even if the victim has not reported the sexual assault to law enforcement, they can still file a civil lawsuit.

To be sure, criminal and civil cases are not connected when it comes to sexual assaults, and in many sexual assault lawsuits, parties other than the alleged perpetrator will be named in the lawsuit. Parties who may be liable for sexual assault include the alleged perpetrator as well as parties whose negligence might have allowed the sexual assault to occur or enabled the perpetrator. Examples of parties who fall into the latter category can include teachers and school administrators, sports coaches, church officials, hospital administrators, and more.

Timetable for Filing a Sexual Assault Civil Claim in California

In order to be eligible to file a sexual assault lawsuit in California, you will need to make sure you file a claim before the statute of limitations runs out. California lawmakers recently changed the law so that survivors of sexual assault have much more time to file a civil lawsuit and seek financial compensation from one or more defendants.

For a victim of sexual assault who is under the age of 18, that person has up until the age of 40 to file a civil lawsuit, or in some cases, within five years of discovering the psychological injury resulting from the sexual assault. The California sexual assault statute of limitations for adult cases that occur (or occurred) on or after January 1, 2019, has a 10-year statute of limitations from the date of the assault. Or, in some cases, a survivor can file a claim within three years from the discovery of their injury due to a sexual assault, which may extend that 10-year window.

Contact a Valley Center Injury Lawyer

If you have questions about filing a civil lawsuit in connection with a sexual assault, you should seek advice from a Valley Center injury attorney as soon as possible. Contact the Walton Law Firm for more information about how we can help you.

See Related Blog Posts: Suing Churches and Their Leaders for Sexual Assault Where Do Sexual Assaults Happen and Who Is Liable?

Where do most of these kinds of assaults occur, and what types of third parties may be liable? Our Vista sexual assault lawyers can explain, and we can give you more information about seeking compensation by filing a civil lawsuit in the aftermath of sexual violence in California.

Locations of Sexual Assaults

Where do most sexual assaults happen? According to RAINN, most sexual assaults occur relatively close to a victim’s home or workplace, including:

• Parking lot;
• Public garage;
• School;
• Church;
• Workplace; and
• Home, or a relative’s home.

Hotels and motels, along with nightclubs, can be common locations where sexual assaults occur.

Determining Liability When a Sexual Assault Occurs

When sexual assaults occur at the types of locations discussed above, who is liable? Generally speaking, liability will depend upon the facts of the case, but the party whose negligence allowed the assault to occur may be legally responsible for damages. Examples of parties who could be liable beyond the perpetrator include but are not limited to:

• Property owner who failed to make the premises reasonably safe in order to prevent a sexual assault (such as a nightclub owner or a hotel owner);
• Employer at a workplace who was informed about allegations of sexual assault or sexual violence and did not take appropriate steps, which resulted in a subsequent incident;
• Caregiver at a nursing home or assisted living facility, or the facility itself where a sexual assault occurred as a result of missing early warning signs of sexual violence; and/or
• Teacher at a school or leader at a church or other religious institution who knew about allegations of sexual harassment or violence and did not respond appropriately.

California law recognizes that it can take years before a victim of sexual assault comes forward, and you may be able to file a claim even if you were assaulted in the past due to an extended statute of limitations that applies to many sexual violence cases.

Contact a Vista Sexual Assault Attorney for Assistance

Sexual assaults are devastating, and we know how difficult it can be to think about a lawsuit at this time. Yet obtaining compensation to take care of yourself while you recover and to give yourself the time you need can be essential. Our firm can help you to file a civil lawsuit in order to seek damages after a sexual assault. Do not hesitate to get in touch with one of the Vista sexual assault lawyers at our firm. Contact the Walton Law Firm for more information.

See Related Blog Posts: When is a Third Party Liable for a Sexual Assault? Hotel Negligence and Assault in Vista: Five Things to Know

When can you potentially hold a third party liable for sexual assault in Oceanside or another part of Southern California? It will depend on the circumstances, but our San Diego County injury lawyers can provide more information.

Hotel/Motel, Night Club, and Retail Store Owner Liability for Sexual Assault

Some of the most common circumstances under which a third party can be held liable for a sexual assault are those in which a property owner’s negligence played a role in allowing a sexual assault to occur (or in making it easier for the perpetrator to commit the sexual assault). Most often, this type of third-party liability arises when a sexual assault takes place at a hotel or motel, at a nightclub or bar, or in the parking lot of a retail store.

How are owners liable for sexual assaults in these types of situations? Often liability exists because the owner failed to properly secure a door lock or window (at a hotel or motel, for example), failed to repair broken lighting (at a hotel or motel, or in the parking lot of a retail store where assaults have occurred), or failed to hire security (at a night club or bar where sexual assaults have taken place, for instance). Even if the property owner did not know that the assault was going to occur and had no part in it, they can still be liable due to their negligence.

Liability for Sexual Assaults in Schools, Organized Sports, Churches, and Other Venues

At schools, in organized sports (both inside and outside school settings), at churches, and in other similar venues, administrators, coaches, and others in positions of authority can be liable when a sexual assault is perpetrated by an employee or when someone in a position of authority learns about an alleged assault and fails to take any action in response to the report. In some cases, the person in a position of authority may be liable in addition to the school, gym, church, or other institution.

Workplace Sexual Assaults and Liability

Employers in California have duties to respond to and prevent sexual assault and sexual harassment in the workplace under California law. When they fail to do so, they may be civilly liable if a sexual assault does occur.

Contact an Oceanside Injury Attorney

If you were injured in a sexual assault, you should talk with an injury attorney in Oceanside about the possibility of filing a third-party lawsuit against a negligent party. Contact the Walton Law Firm to learn more.

See Related Blog Posts: Hotel Negligence and Assaults in Vista: Five Things to Know Hotel Safety and Liability in Encinitas