Navigating the legal system after experiencing sexual abuse can be difficult for traumatized sexual abuse survivors. Knowledge is a powerful tool, however, and by understanding the legal landscape in California, survivors can make informed decisions about how they wish to proceed.
What Legally Qualifies as Sexual Abuse?
In California, “sexual abuse” is a broad term encompassing a range of non-consensual sexual acts. The legal definitions are primarily found within the California Penal Code. Key to understanding these definitions is the concept of consent. For sexual activity to be lawful, clear consent must be given. If a person is unable to give consent due to factors like age, intoxication, unconsciousness, or incapacitation, any sexual act performed on them is considered non-consensual.
Acts that can legally qualify as sexual abuse include, but are not limited to:
- Rape
- Sexual battery
- Statutory rape
- Lewd or lascivious acts with a minor
- Forcible acts of sexual penetration
- Continuous sexual abuse of a child
It’s important to note that sexual abuse can also occur even without physical contact, such as when a perpetrator intends to injure, hurt, humiliate, intimidate, or cause pain to a victim’s intimate parts. Exploiting positions of power or authority to manipulate someone into sexual activity also falls under the umbrella of sexual abuse.
California’s Statute of Limitations
There is a maximum time limit for starting legal proceedings after an offense has occurred.
The time limits for filing a civil lawsuit in civil and criminal cases in California for sexual abuse depend on the age of the survivor at the time of the abuse and when the abuse occurred.
Note that a key change brought about by Assembly Bill 218 (AB 218) went into effect on January 1, 2020. AB 218 significantly expanded the time frame for survivors of childhood sexual abuse to file civil lawsuits. It also included a three-year “look-back” window from January 1, 2020, to December 31, 2022, which revived many claims that were previously barred by older, more restrictive statutes of limitations.
In addition, Assembly Bill 2777 (AB 2777), the Sexual Abuse and Cover-Up Accountability Act, effective as of January 1, 2023, provides an additional window (until December 31, 2026) for adult survivors to file claims for sexual assault that occurred on or after January 1, 2009, and where the claim would otherwise be barred by the statute of limitations. AB 2777 also specifically addresses situations where entities, like employers or institutions, engaged in a “cover-up” of the sexual assault.
The statute of limitation rules are complex, however, so talk to Karns & Karns Personal Injury and Accident Attorneys for advice on your case.
Civil vs. Criminal Legal Options
Survivors of sexual abuse in California have two primary legal avenues they can pursue: civil lawsuits and criminal prosecutions. These processes are distinct, with different goals, procedures, and standards of proof. A survivor can often pursue both options simultaneously or independently.
An attorney experienced in sexual abuse cases can help a survivor understand the pros and cons of each path and decide on the best course of action for their individual circumstances.
What to Expect During the Legal Process
The legal process for sexual abuse cases can be lengthy and emotionally challenging, but understanding the general steps involved can help survivors feel more prepared. The specifics will vary depending on whether it’s a criminal or civil case, and the unique details of each situation.
General Steps That May Be Involved:
- Reporting the abuse (especially for criminal cases)
- Consulting with an attorney
- Investigation and evidence gathering
- Filing the case
The Criminal Court Process (if charges are filed)
- Arraignment: The accused appears in court, is informed of the charges, and enters a plea (e.g., guilty, not guilty).
- Preliminary Hearing (for felonies): A judge hears evidence to determine if there is probable cause to believe a crime was committed and that the defendant committed it, thus requiring the case to proceed to trial. The survivor may need to testify.
- Pre-Trial Motions and Hearings: Legal arguments and procedural matters are addressed.
- Plea Bargaining: The prosecutor and defense may negotiate a resolution to the case without a trial.
- Trial: If no plea agreement is reached, the case goes to trial. The prosecutor presents evidence and witness testimony (including the survivor’s) to a judge or jury. The defendant also has the right to present a defense.
- Sentencing: If the defendant is convicted or pleads guilty, the judge imposes a sentence. Survivors often have the right to make a victim impact statement at sentencing.
The Civil Court Process (if a lawsuit is filed)
- Serving the Defendant: The defendant is formally notified of the lawsuit.
- Discovery: This is a lengthy phase where both sides exchange information and evidence. It can involve written questions (interrogatories), requests for documents, and depositions (sworn out-of-court testimony from parties and witnesses, including the survivor).
- Motions: Either side may file motions asking the court to rule on various legal issues.
- Settlement Negotiations/Mediation: Many civil cases are resolved through negotiation or mediation (a process facilitated by a neutral third party) before trial. Your attorney will represent your interests in these discussions.
- Trial: If a settlement is not reached, the case will go to trial. The survivor will likely need to testify, which can be traumatic for them.
- Verdict and Judgment: The jury or judge decides if the defendant is liable and, if so, the amount of damages to award.
- Appeals: In both criminal and civil cases, the losing party may have the right to appeal the outcome to a higher court.
Survivors are encouraged to seek support from trusted individuals, therapists, and experienced legal professionals who can guide them through each step, protect their rights, and help them make the choices that are best for their healing and pursuit of justice.
How Karns & Karns Supports Survivors
Karns & Karns Personal Injury and Accident Attorneys can help you navigate the legal process with respect and sensitivity. With our help, you can receive justice and get the compensation you deserve to help you move forward with your life.
Contact Karns & Karns Personal Injury and Accident Attorneys at 1-800-4THE-WIN (1-800-484-3946).
