Sexual abuse can occur at any point in an individual’s life. Here’s everything you need to know about how to sue for past sexual abuse in California.
To sue for past sexual abuse in California, you must hire an attorney, file a complaint, serve the defendant, and go to trial. The statute of Limitations changes based on when the sexual abuse occurred in the plaintiff’s life.
If you believe that you are a victim of sexual abuse, contact an attorney from Her Lawyer for assistance with your case.
Step 1: Hire an Attorney
After a consultation, an attorney can help you decide if you have a case. The attorney will then investigate whether the defendant has insurance or assets to cover a settlement or judgment. If so, there will be an agreed-upon fee paid to the attorney.
Step 2: File A Complaint
Your attorney will file a personal injury complaint to the proper court. This complaint will list the details about the sexual abuse that occurred and the harm that took place because of the abuse.
Step 3: Serve the Defendant
Your attorney will have a month to locate the defendant and serve the complaint. The service papers will include the date that the defendant must appear in court.
Step 4: The Defendant Hires an Attorney
The defendant will have a month or so to find an attorney to represent them.
Step 5: Pre-Trial or “Discovery”
Before the trial, both sides will ask for evidence and witnesses for information. This process is called discovery. Both sides will appear in court to let the judge know how the case will proceed and if they will decide on mediation or arbitration.
Step 6: Trial
During the trial, the court will decide if the defendant is at fault. If the judge agrees that the defendant is at fault, they will choose how the defendant will pay damages.
Step 7: Appeal
Either party may be able to appeal after the court’s decision. However, once the judge makes a decree, the losing party must follow through with what the court decides.
Who Can Sue?
Both the child as well as the legal caregiver can sue for sexual abuse. In addition to the child’s ability to sue for physical, emotional, or any other harm, the caregiver can sue for their emotional distress linked to the abuse.
Statute of Limitations
Adults have three years from the date of the abuse to sue for damages in civil court. Victims of childhood sexual assault have until their 40th birthday or five years from realizing that illness or injury had occurred from childhood sexual trauma.
Related: How to Report Sexual Assault in California
FAQ’s About How to Sue for Past Sexual Abuse in California
Can Another Party Be Held Responsible For Sexual Abuse Aside From The Perpetrator?
Yes, anyone who violates the duty of care in California and is negligent can be held responsible for sexual abuse.
What is the Most Likely Outcome for My Case?
Settlements are the most likely outcome in past sexual abuse cases. This settlement can occur at any point in the case.
What Are The Types of Sexual Abuse?
Types of sexual abuse include but are not limited to rape, sexual abuse, groping, indecent exposure. Victims of sexual abuse may be entitled to compensatory and punitive damages if they win their case.
Contact Us
If you or a loved one is interested in suing for past sexual abuse, contact us. We’ll get you in touch with the most qualified attorney for your unique legal matter. We won’t charge you a dime unless you win your case.