Lawsuit Update Center
Victims of sexual abuse or sexual assault have the right to file civil lawsuits and get financial compensation. Recent changes in the law are now making it easier for abuse victims to seek justice in the civil courts. This post will discuss how sex abuse victims can file civil lawsuits in California and look at the potential settlement value of these cases.
What Does Sex Abuse Really Mean?
This may seem like a strange and somewhat obvious question, but the legal definition of “sex abuse” for purposes of filing a lawsuit may actually be very different from what most people think. Anyone considering a sex abuse lawsuit needs to have a clear understanding of just what is considered “sexual abuse” and/or sexual assault under California law.
For purposes of a civil lawsuit, sexual abuse, and sexual assault have the same definition in California as they do in the criminal law context. Under California law, sexual abuse is defined as intentional sexual contact or touching (either directly or through clothing) of the intimate parts of another person for the express purpose of gratifying the abuser or degrading the victim. This definition covers everything from forcible rape to groping.
The hallmark that defines all types and categories of sexual abuse or assault is the lack of consent. In the absence of consent, any form of sexual contact is actionable as sexual abuse or assault. Minors (under the age of 18) lack the legal capacity to give consent to sexual contact. Therefore, any intentional sexual contact by an adult with a minor is necessarily considered sexual abuse.
When Can You File a Sex Abuse Lawsuit in California?
California law permits victims of sex abuse to bring civil lawsuits and seek monetary compensation. The right to bring a civil lawsuit is not contingent on whether the victim pressed criminal charges. Abuse victims can file a civil suit regardless of whether they reported the abuse to the police when it happened. It also doesn’t matter whether the abuser was convicted.
Victims can bring civil lawsuits for sexual abuse as long as they are presently willing to testify under oath about the facts of the alleged sexual abuse or assault. Other forms of evidence, such as medical records or fact testimony from other witnesses, can also support the victim’s testimony.
If you file a sexual abuse lawsuit in California, the case will be public record. However, you may be able to keep your name and identity confidential. California’s court rules allow victims to keep their names confidential and use “Jane Doe” or initials in court filings.
Who Can You Sue for Sex Abuse?
Victims of sexual abuse or assault can obviously sue the individual person that actually committed the acts of abuse. In many cases, however, suing the abusers is somewhat pointless because unless that person is very wealthy, you won’t be able to get any money out of them.
Fortunately, California law allows abuse victims to file civil lawsuits against third parties who were negligent in failing to prevent or stop the abuse. Common third-party defendants in sex abuse civil lawsuits include schools, churches, or organizations such as the Boy Scouts. If you can show that one of these organizations had a duty to prevent or stop the abuse and failed to do so, they can be held legally liable for damages.
Almost any third party (other than the abuser) can be held liable in a sexual assault lawsuit if the third party’s negligence allowed the sexual assault or abuse to occur. One of the most common examples of this is negligent security cases in which a property owner is sued for failing to provide adequate security (e.g., cameras, lighting, etc.).
Proving Negligence By Third Parties in Sex Abuse Cases
To hold a third party like a school, church or employer liable in a sex abuse lawsuit, the plaintiff needs to show that the third party was negligent and that this negligence led to the sexual abuse. To establish negligence, the plaintiff needs to show that the third party owed some type of duty to protect them. In some cases this is easy. For example, if a student is suing a school it is very easy to establish the school had a “duty” to protect its students from harm.
In addition to proving that the third party owed a duty, the plaintiff must also show that the third party negligently breached that duty which ultimately led to the sexual abuse. In most cases, such as those involving schools or churches, the breach comes in the form of allegations that the school or church knew or should have known that someone was potentially abusing kids, but negligently failed to investigate. The other common negligent claim is failure to properly screen employees before hiring them.
Because such abuse often happens in private, it can sometimes be difficult to establish the employer’s knowledge or negligence. But it is usually pretty easy. Because what our sex most perpetrators leave a long trail of “red flags” that get ignored. The evidence in these cases is often loaded with inappropriate behavior by the perpetrator, meetings with children in private, or giving gifts and attention to children would make anyone who cared enough want to investigate further. In some cases you even seen prior incident reports or complaints that are ignored.
California Statute of Limitations for Sex Abuse Lawsuits
A statute of limitations is basically a deadline for filing a civil lawsuit. Like many other states across the country, California has recently amended its statute of limitations law to give victims of child sexual abuse more time to file civil lawsuits.
For sexual abuse in which the victim was a child (under age 18) California law now gives the victim until their 40th birthday (age of majority plus 22 years) to file a civil lawsuit. CA Civ Pro Code § 340. For sex abuse cases in which the victim is an adult, the statute of limitation is 10 years from the date of the sexual abuse.
California Juvenile Detention Center Sex Abuse Lawsuits
Recent investigations and reports have revealed that sexual abuse of juveniles in California’s juvenile detention centers is a rampant problem. Staff members at California juvenile detention facilities frequently sexually abuse vulnerable inmates through force and coercion. It has also become clear that the state of California has ignored the situation and negligently enabled children to be victimized at its facilities.
A growing number of individuals who were sexually abused at California juvenile detention centers are now filing juvenile detention sexual abuse lawsuits against the state. These lawsuits assert that the state breached its duty to ensure the safety of minors in its custody.
California Doctor Sex Abuse Lawsuits
Doctor sexual abuse lawsuits involve situations where a patient is sexually abused by a doctor during a medical examination. The abuse typically involves some type of sexual touching that has no valid medical purpose and is done for the doctor’s sexual gratification. For example, doing a vaginal or rectal “exam” when someone comes in for treatment of a sprained knee.
When doctors sexually abuse patients during exams, the doctor and the hospital or healthcare system they worked for can be liable. Our lawyers are currently involved in a number of California doctor sexual abuse lawsuits, including currently active cases such as sex abuse lawsuits against Dr. Barry Brock.
Residential Treatment Center Sex Abuse Lawsuits in California
Residential treatment centers (RTCs) in California provide structured, live-in care for individuals dealing with behavioral, mental health, or substance abuse challenges. However, these facilities have not been without controversy, as some have faced allegations of abuse, neglect, and systemic failures. The legal landscape surrounding these institutions continues to evolve, with lawsuits highlighting accountability issues and the need for better oversight.
Settlement Value of California Sex Abuse Lawsuits
Settlement amounts in sexual abuse lawsuits depend largely on the defendant’s financial resources and their ability to pay through assets or insurance coverage. Unfortunately, even strong claims may result in minimal or no financial recovery if the defendant has no money. That’s why claims against third parties like school districts, religious organizations, or healthcare providers, are more likely to result in significant compensation.
Beyond financial considerations, the severity of the abuse and extent of the victim’s harm is always the biggest factor in determining settlement amounts. Higher settlements are generally awarded in cases where the abuse caused severe physical and emotional trauma with lasting effects on the victim’s life. Factors like medical bills, therapy costs, lost wages, and pain and suffering are evaluated to determine compensatory damages. Younger victims often receive higher compensation than older victims due to the long-term consequences they face.
The strength of the evidence also significantly influences settlement values. Compelling evidence, such as documentation, credible witness statements, prior complaints, or evidence of a pattern of abuse, can increase the likelihood of a higher payout. Additionally, some states, like California, impose specific limitations, such as damage caps or immunity protections for certain institutions, which can impact potential settlement amounts.
Institutions often take varying approaches to settlements. Some may settle quickly to avoid public scrutiny, while others may rely on immunity or statutory defenses to limit their liability. Understanding the defendant’s circumstances, including their defenses and resources, is crucial for predicting potential settlement outcomes.
Hiring a California Sex Abuse Lawyer
Our law firm handles sex abuse lawsuits in California. If you have a potential case, contact us today at 800-553-8082 or contact us online.
