Employment Law Attorney in California
Sexual assault is a broad term that can refer to different offenses and it's important for Californians to understand the state's laws regarding sexual assault. In California, sexual assault victims are able to pursue justice through both a civil and a criminal case. There is much more to civil claims involving sexual abuse than monetary compensation. Those who commit sexual assaults should expect the State to pursue criminal prosecution and their victims to take civil actions.
Sexual crimes are punishable under both California and federal law. Sexual assault crimes may be classified as misdemeanor or felony, depending on several factors, the age of the victim is the most relevant. There is no longer a statute of limitations of criminal cases in California.
Under California law, sexual assault refers to any sexual contact or conduct that happens without the consent of the victim. It covers situations where the victim is physically unable to consent, such as intoxication, unconsciousness or physical disability.
Sexual assault may include:
- Sexual abuse
- Sexual exploitation
- Rape and attempted rape
- Forced sexual acts of any nature
- Grouping and unwanted touching, any unwanted penetration of the victim
In the case of forced assault, force is not limited to physical pressure. It may also include the use of emotional coercion, manipulation, intimidation or other psychological force.
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The Statute of Limitations for Your Sexual Assault Case
We recognize that deciding to tell your story is a very personal decision. Even if you are not ready to initiate a lawsuit, it is important to preserve your rights before the statute of limitations expires. Under California law, failing to comply with these statutory deadlines can prevent you from pursuing the compensation which you deserve.
Right now, adult victims of sexual assault have 10 years from the date of your attack, or three years from the discovery of a disease or illness related to the attack, to file a claim in civil court.
Starting January 2020, if you are a survivor of childhood sexual abuse, you must file a claim by the time you are 40 years old, or within 5 years of the discovery of the abuse. Under this updated law, there is now a three year window for the revival of claims which have been barred because the statute of limitations expired.
Contact us today for an initial case evaluation. You will speak with one of our attorneys to discuss your situation. You will receive information concerning your particular matter and you can evaluate whether our attorney fits your needs and comfort level. You can decide whether our attorney is right for you. Contact us today at (858) 365-9722.