Sexual abuse is not easy to confront legally. Laws exist to protect sexual abuse survivors of all ages and genders, but it’s equally important for a survivor to have a trustworthy legal advocate. A sexual abuse lawyer should help fight for justice while providing the sensitivity needed in this situation.
The consequences of sexual abuse or assault, which include lifetime psychological distress for survivors, extend beyond the criminal justice system. Civil law provides additional recourse for survivors to secure financial remedy.
Whether or not the perpetrator is found guilty in criminal court, a survivor’s civil action may still provide compensation. While no amount of money can undo the traumatic experience, compensation from a civil claim can be helpful for the survivor to live their life fully going forward.
If you or someone close is a sexual abuse victim, contact Libra Law Firm at (888) 565-3214. We’re ready to assist you in obtaining justice and receiving due compensation for the traumatic experience you’ve suffered.
Advocating for Sexual Abuse Survivors in Newport Beach
Sexual abuse is a prevalent issue that can impact individuals regardless of their age, gender, or socio-economic background. The Rape, Abuse & Incest National Network (RAINN) has reported this year that on average, a US resident is subjected to sexual assault every 68 seconds. A child falls victim every nine minutes.
The sexual abuse lawyers at Libra Law Firm bring deep experience to manage even the most challenging litigation. We recognize the damaging impact of sexual abuse on the victim. This understanding motivates us to provide our clients with empathetic and thorough legal support in their civil lawsuits.
We collaborate with medical professionals who can present evidence in court about the medical consequences of a sexual abuse incident. This input helps illustrate the extent of the plaintiff’s damages to the judge and jury.
Sexual abuse survivors deserve a legal ally who’s aggressive when fighting for their rights, but family-like when caring for them. This is the kind of legal service we provide at Libra Law Firm. We invite you to consult confidentially with us. Call (888) 565-3214 today.
Definition of Sexual Abuse
From a legal standpoint, sexual abuse is described as any non-consensual or illicit sexual interaction between two parties. Several actions can be classed as sexual abuse, including forced oral intercourse and inappropriate touching of another individual’s private parts.
Besides physical contact, there are other types of sexually abusive behavior that are challenging to identify, especially when it happens to children. Examples are exposing a child to pornographic material, or photographing a child in sexually suggestive poses.
It’s crucial to acknowledge that non-physical sexual abuse can also inflict significant harm on the victim. Similarly, these cases can also warrant compensation through legal means.
What is Regarded as Sexual Abuse in California?
Sexual abuse is framed by several laws in California. While sexual crimes are prosecuted in a criminal case, a survivor may also pursue a civil case seeking compensation. Examples of sexual abuse under California law include, but are not limited to:
Rape
This is the crime of engaging in sexual intercourse with another individual without their consent. It may include the use of violence or force, exploiting an intoxicated person, targeting an unconscious individual, or targeting a person incapable of providing consent due to mental or physical disability. Importantly, spousal rape is also prosecutable under the same circumstances.
Forced Sexual Penetration
This crime occurs when an individual forcefully penetrates the sexual organs of another, without their consent, in the same context as a rape case.
Non-consensual Oral Copulation
This offense takes place when there is non-consensual engagement in oral copulation, involving the mouth of one party and the sexual organ or anus of another.
Sexual Battery
This crime is characterized by an individual touching the intimate parts of another without their consent. It does not require penetration.
Aggravated Sexual Assault on a Minor
This is the act of forcefully engaging in sexual activities with a child under the age of 14, by an individual who is at least seven years older. The offenses can range from rape to sodomy, oral intercourse, or forced penetration, similar to rape’s legal definition.
Unlawful Sexual Intercourse with a Minor
Often referred to as statutory rape, it is a sexual relationship with a minor who is not the spouse of the adult perpetrator. This crime can also involve scenarios where the minor willingly participated in the sexual act.
Engaging in Sexual Acts with a Minor Aged 10 or Below
This criminal offense may include rape, sodomy, or oral copulation when the offender is 18 years old or older, and the victim is no older than 10.
Sadly, sexual abuse victims might feel uncertain about the legal choices open to them. Our compassionate attorneys at Libra Law Firm can examine your case and guide you to the most beneficial line of action. We provide a non-judgmental environment throughout the evaluation and during the entire legal procedure.
Types of Child Sexual Abuse
Sex offenders often target innocent individuals, leaving the victims feeling helpless with no adult assistance to seek justice. Forms of child sexual abuse include:
- Sexual abuse in youth sports
- Abuse in foster care
- Boy Scout abuse
- Sexual abuse by clergy.
Have you or a family member suffered sexual abuse as a child? The California child sexual abuse attorneys at Libra Law Firm have a personal commitment to hold child sex offenders accountable. We want to bring to justice both the sexual predators and the people who support them. Please don’t hesitate to contact us for a confidential consultation.
Warning Signs of Possible Sexual Abuse
Various indications may suggest that an individual has been a victim of sexual abuse. These include physical, behavioral, and emotional signs.
Physical Indications:
- Genital area pain or itchiness
- Bruising or bleeding in the genital area
- Diagnosis of sexually transmitted infections
- Disturbed sleep or frequent nightmares
- Loss of appetite
- Regular urinary tract infections
- Clothing that is torn, stained, or bloodied.
Behavioral Indications:
- Increased complaints about physical discomfort
- Disturbed sleep patterns
- Anxiety around specific individuals or locations
- Reverting to juvenile behaviors like thumb-sucking or bedwetting
- Inappropriate interest in sexual matters for their age group
- Engaging in sexual activities with toys or peers, including mimicking sexual behavior
- Using new terminology for body parts
- Unwillingness to discuss a certain “secret.”
Emotional Indications:
- Reduced self-confidence
- Sudden mood changes
- Unexplained fear of certain people or places.
Steps to Follow If You Have Suffered Sexual Abuse
Recovering from sexual abuse, or aiding someone else in their recovery, can be a significant challenge. Please recognize that reaching out for professional help is not a show of weakness – rather, it demonstrates tremendous courage.
Your first task is to guarantee your safety by removing yourself from any potentially dangerous situation. Seek the assistance of a trusted individual and look for medical support, while considering police assistance as well. If you’ve been a victim of recent sexual assault, it might be imperative to visit a hospital. This allows the collection of DNA and blood samples for potential evidence.
Overcoming the trauma of sexual abuse cannot be achieved by ignoring it. We do understand that it might take a while before you can openly discuss your experience. It’s also key to explore possible legal repercussions for the abuser. Whether or not the sexual abuse offender is penalized through the criminal court system, you may still be able to pursue a civil lawsuit against them.
Pursuing Justice: Criminal vs. Civil Cases
Sexual abuse survivors have the option to lodge a claim in either civil court, criminal court, or both, according to their desired outcome for their case.
In criminal proceedings, the amount of compensation that the survivors could receive is generally less than they might get in civil court. This is because a criminal case is treated as one between the state and the accused individual. Survivors may also have less input in the case’s direction and potentially play a role merely as a witness. If the accused individual is deemed guilty, the result of a criminal trial is typically conviction and incarceration for the offender.
In the realm of civil courts, the survivor files a case against the abuser, usually with the assistance of a legal representative. The lawyer’s role is to seek recompense from the offender and any other involved parties that might have enabled the abuse. The outcome of the civil case is focused on compensating the survivor – something that may be limited in a criminal case.
Filing a Civil Lawsuit for Compensation
Submitting a civil lawsuit can empower a sexual abuse survivor to regain control of their future. Civil lawsuits only require the accusations to be supported by a preponderance of evidence. In other words, we only need to establish that it is more credible for the allegation to be true than false. Consequently, a civil lawsuit can succeed even if criminal charges were previously dismissed or the defendant was acquitted.
While no monetary value can eliminate the impact on the victim, a successful civil lawsuit can equip them with the necessary resources to continue with their life. Possible compensations may encompass:
- Medical care expenses after the assault
- Fees for mental health therapy
- Missed income
- Potential loss of future earnings
- Pain and suffering.
Moreover, the survivor’s legally recognized spouse or partner may qualify for a “loss of consortium” settlement. That refers to the impact the assault has had on the survivor’s relationship, covering aspects like decreased companionship, intimacy, and emotional support.
If you have been subjected to sexual abuse, contact a legal professional. A seasoned California sexual abuse attorney can guide you on your rights to sue the perpetrator or any other associated parties. This could include prominent and influential organizations.
Statute of Limitations for Sexual Abuse Claims in California
The statute of limitations for a sexual abuse claim in California varies depending on the specific circumstances and nature of the crime. For instance, as stipulated in Penal Code Section 799(b)(1), there is no time limit for filing sexual assault claims if the alleged crime happened on or after January 1, 2017.
Importantly, California has recently extended the deadline for lodging complaints related to child sexual abuse. Now, victims can file a claim until they turn 40 or within five years of realizing that they were subjected to childhood abuse.
Establishing the correct statute of limitations for sexual assault or harassment cases can be complex. You risk being denied any financial restitution if you overlook the filing deadline. Please consult a sexual abuse lawyer at Libra Law Firm for knowledgeable and empathetic legal guidance.
Schedule a Consultation With Us
If you’re considering filing a sexual abuse lawsuit, our dedicated attorneys at Libra Law Firm are ready to bring your abuser to justice for the suffering they’ve caused you. We acknowledge that a legal victory can’t alter the past, but it can assist in providing closure and supplying the financial resources you need to move forward.
Contact our California sex abuse attorneys at (888) 565-3214 when you’re ready to arrange a meeting. Your path toward justice starts here.
