The aftermath of a sexual assault is something no one should have to face alone. The physical and emotional trauma may make the prospect of coming forward and seeking a legal resolution feel daunting, even overwhelming. Yet, with the support of an experienced Los Angeles sexual assault attorney, you can fight to obtain justice and hold the perpetrator accountable.
After a sexual assault, the police and criminal justice system may seek a conviction for the perpetrator. However, under California law, you also have the right to file a civil claim for financial compensation to help you rebuild your life.
In this post, we will explore how sexual assault attorneys in Los Angeles build strong cases that give victims the best chance of achieving maximum financial compensation.
Understanding Sexual Assault
“Sexual assault” refers to many different types of sexual violence that affect many individuals each year. According to the California Department of Health, over one-third of women and one-quarter of men experience some form of sexual violence that involves physical contact at some point in their lives.
Under the California Civil Code § 1708.5, sexual assault is termed “sexual battery.” Sexual assault can be broadly summed up as any form of sexual contact or behavior without the victim’s consent.
Sexual assault includes many forms of sexual abuse. Sexual assault includes but is not limited to:
- Rape and attempted rape
- Any coerced sexual act
- Nonconsensual removal of condom during sexual intercourse
- Groping or unwanted touching or intimate body parts
- Unwanted penetration
- Sexual abuse
- Sexual exploitation
During a confidential consultation with one of the attorneys at Allred, Maroko & Goldberg, an experienced attorney can provide tailored legal advice about your unique situation.
Defining consent
Consent is not limited to saying yes or no. A sexual assault victim may have been unable to give consent by being intoxicated by alcohol or other substances, disabled, or unconscious. Additionally, force is not limited to physical violence or pressure. It can also include intimidation, manipulation, and emotional coercion.
Another consideration is whether the defendant went further than the behavior to which the victim had consented. The 1991 case of Ashcraft v. King established that “a person may place conditions on the consent. If the actor exceeds the terms or conditions of the consent, the consent does not protect the actor from liability for the excessive act.”
Victims of sexual assault are often subjected to intimidation by the perpetrator of the abuse. However, you can trust our experienced sexual assault attorneys with your story. We are advocates who care passionately about the rights and lives of sexual assault victims.
When you talk to one of our experienced attorneys, we practice trauma-informed advocacy and you are in a safe place. The purpose is to explore your legal options and how you can pursue justice.
Who perpetrates sexual abuse?
Statistics from the Rape, Abuse & Incest National Network (RAINN) show that the perpetrators of sexual abuse are most often people known to the victim. Only 19.5 percent of rapes are committed by strangers.
Among childhood sexual abuse cases, the majority of victims know the perpetrator. RAINN statistics indicate that 59 percent were acquaintances, 34 percent were family members, and only 7 percent were strangers. In Los Angeles, childhood abuse can be reported to either law enforcement or the Los Angeles County Department of Children and Family Services.
Whatever the age of the victim or circumstances of the abuse, Los Angeles sexual assault lawyers know how to navigate state laws and help you understand your rights. Do not hesitate to speak confidentially with one of our attorneys to learn about your legal options.
Institutional sexual abuse
Institutional sexual abuse refers to sex crimes committed by the employees of institutions against someone living at or attending the institution.
In September 2024, the Justice Department announced that it had opened a civil rights investigation into two California women’s prisons after allegations of abuse led to civil lawsuits being filed against prison employees. You have undoubtedly seen reports in the news about childhood sexual abuse in institutions such as churches, schools, sports clubs, summer camps, senior living communities, and hospitals. We have litigated a number of these cases.
Victims of institutional sexual abuse have often been assaulted by people in positions of authority. This makes these crimes even more heinous, as the very people who were supposed to be looking out for their best interests sexually assaulted them instead.
Don’t let this uneven power dynamic prevent you from seeking legal advice.
If the institution acted negligently, your lawyer may be able to help you pursue damages from them for failing in their duty of care toward you.
What a Sexual Assault Attorney Can Do For You
If you have been a victim of sexual assault, rest assured that the attorneys at Allred, Maroko & Goldberg understand your feelings. We recognize how sensitive this situation is and how hard it may be for you to open up about your experiences. We strive to be compassionate lawyers who will treat you with patience and respect and will give you time to explain your situation.
Free confidential consultation
As you seek justice for the extremely difficult experiences you have endured, the first step is to attend a free, confidential consultation. You can bring along someone for emotional support.
Do your best to provide as much information as possible about what happened so the attorney . can accurately evaluate your claims and explain your options.
If you are unsure of the answers to these questions or do not feel ready to discuss them, don’t worry. Attend a free, confidential consultation and see how we make you feel. After meeting face to face and seeing our genuine care, you may feel able to share your experiences and feelings and start pursuing justice with our support.
Diligent investigation
A conviction for sexual assault or other sex crimes may pave the way for a civil lawsuit. However, if a court fails to convict the perpetrator, don’t assume you have no case.
The burden of proof in civil cases is lower than in criminal ones. Criminal cases require the case to be proved beyond a reasonable doubt. However, civil cases only require a preponderance of the evidence.
Calculate damages
Monetary compensation can never take away your suffering. However, it can help you focus on healing, rebuild your life, and face the future with greater confidence.
Sexual assault attorneys can pursue several forms of compensation on your behalf, including:
- Economic damages: This includes actual financial losses related to your sexual assault. It may include medical bills, therapy expenses, lost wages, and loss of career opportunities.
- Non-economic damages: These damages are harder to quantify in dollar terms but include losses such as pain and suffering, emotional trauma, mental anguish, and loss of enjoyment of a healthy sexual relationship.
- Punitive damages: Only awarded by courts, punitive damages are designed to punish the perpetrator and deter him or her from such conduct in the future. The defendant must meet the threshold of acting with oppression, malice, or fraud.
Varying statute of limitations for sexual assault cases
A statute of limitations is a time limit on filing a civil claim. In Los Angeles, the time limit depends on whether the victim was a child or an adult when the sexual assault took place.
As of January 1, 2019, under California Code of Civil Procedure § 340.16, if you were aged 18 or over when you were sexually assaulted, you must bring a civil action within 10 years of the last act or attempted act of sexual assault or within 3 years from the date you discover or reasonably should have discovered that an injury or illness resulted from the act or attempted act. Prior to January 1, 2019, survivors of sexual assault generally had two or three years to bring a civil claim.
Of note, California passed AB 2777, and as of January 1, 2023, any person who was previously time barred from pursuing a sexual assault claim pursuant to section 340.16 can do so if the sexual assault took place between January 1, 2009 and January 1, 2019. This revival window closes on December 31, 2026.
As of January 1, 2024, California law changed and pursuant to California Code of Civil Procedure § 340.1, there is no statute of limitations on childhood sexual abuse civil claims for conduct that took place on or after January 1, 2024. If the sexual assault took place prior to December 31, 2023, survivors must file a civil lawsuit by their 40th birthday or within 5 years of discovering the effects of the sexual assault.
California law requires every plaintiff who is 40 years of age or older at the time they file an action for childhood sexual assault to concurrently file a certificate of merit.” This means that a plaintiff must demonstrate reasonable and meritorious cause for bringing a civil action at this time.
This is a tricky and complex area of law to navigate and it is best to consult with an experienced sexual assault attorney on how best to proceed.
Further, the changing time limits on bringing sexual assault cases emphasize the importance of consulting a Los Angeles sexual assault attorney as soon as possible. They will help you find the support you need while ensuring your civil action is filed on time.
Choose the Right Sexual Assault Attorneys – AMG Law
Sexual assault cases require a combination of skills and qualities on the part of the attorney. When you hire Allred, Maroko & Goldberg to represent you, you are choosing compassion, experience, and tenacity.
For almost 50 years, we have fought many cases of sexual assault and institutional sexual abuse and secured outstanding results for our clients.
Whether a minor or an adult when you were assaulted, now is the time to speak to one of our attorneys. Call 323-746-1853 today for a confidential consultation with a Los Angeles sexual assault attorney. If you prefer, fill out our confidential contact form, and we will promptly respond.