Filing a Lawsuit for Childhood Sexual Abuse in California

Surviving childhood sexual abuse leaves deep scars that often take years to process. For many, the idea of coming forward feels overwhelming, but filing a lawsuit for childhood sexual abuse in California can be a great step forward. It not only holds abusers accountable, but it also empowers survivors in a system that frequently silences them. It is possible to seek accountability, closure, and financial compensation with the proper legal counsel.

Understanding California’s Child Sexual Abuse Laws

California has taken several important steps in the last few years to afford survivors more time and resources to seek justice. Legislators understand that many survivors of abuse do not feel ready to face what happened to them until well into their adult years. In 2019, lawmakers passed Assembly Bill 218, which expanded the statute of limitations. Survivors may file a civil claim up to age 40 or within five years of understanding their abuse’s effects.

It’s important to distinguish between a criminal case and a civil claim. Criminal prosecution can result in California child sexual abuse penalties, including jail, sex offender registration, and fines. The goal of a civil claim is for the survivor to obtain compensation for the losses they suffered. Survivors benefit from both legal approaches, yet civil claims enable them to personally seek both accountability and financial compensation.

According to the National Sexual Violence Resource Center, girls will be sexually assaulted at the rate of one in four, while boys will be assaulted at a rate of one in thirteen, all before they are 18 years old. 64% of adults report that by the time they were 18, they had experienced at least one adverse childhood experience, including sexual abuse.

How To File a Claim for Childhood Sexual Abuse in California

Filing a claim for childhood sexual abuse in California can be overwhelming and intimidating, but a child sexual abuse attorney can help you in this legal process. While each case is different, they each follow a similar trajectory.

First, you will want to hire a child sexual abuse lawyer right away. During your consultation, your child abuse attorney can listen to your story and build an appropriate case in your favor. They can also explain your legal options to you and let you know if you are within the proper statute of limitations to file your claim.

Your attorney can seek to access any available documentation, such as medical and treatment logs, along with police reports and previous complaints made against the perpetrator or institution. Lack of concrete proof should not discourage you because your testimony remains influential, and your attorney knows how to develop a case around it.

After the evidence has been collected and organized, your attorney can then file a legal complaint in civil court, typically in a courthouse near where you live, like the Stanley Mosk Courthouse in downtown Los Angeles. The complaint is a legal document that formally lays out the allegations against the abuser or the institution that bears responsibility.

Both parties exchange evidence and gather documents while conducting depositions that consist of sworn statements throughout the discovery phase. Institutional records that were once hidden become accessible to opposing parties when they enter the discovery process. Many cases are settled before they ever reach trial.

In these cases, survivors receive compensation without having to go through a lengthy court process. If the institution is not offering a fair settlement, your lawyer will prepare to take your case in front of a judge or jury.

Hire a Child Sexual Abuse Lawyer

At the DeMarco Law Firm, we only represent victims of childhood sexual abuse. Anthony DeMarco has been known as Southern California’s premier child molestation attorney since 2002. Attorney DeMarco stands out as a top national authority in child molestation defense through his excellent legal knowledge and compassionate approach.

Our law firm is small by design so that we can provide each of our clients with the personal attention and care they deserve. We have a survivor on staff and a national network of advocates who work nonstop to pursue justice, to hold accountable those who abuse and cover up abuse, and to protect children and survivors everywhere.

FAQs

Can I Report Molestation Years Later in California?

You can report molestation years later in California. Under Assembly Bill 218, survivors can file civil claims until they are 40 years old or within five years of discovering or realizing the impacts of the abuse. Even if criminal charges are no longer an option, you may still be able to seek justice and damages in civil court.

How Much Is a Settlement for Sexual Abuse?

Sexual abuse settlements can range significantly in value, depending on the specific details of the case, such as the severity of the abuse, long-term consequences, and whether an institution was involved. Some cases may settle for relatively small amounts, while others may result in large settlements or verdicts. A knowledgeable child sexual abuse attorney can assess your case and advocate on your behalf.

Can Institutions Be Held Liable for Abuse?

Institutions can be held liable for abuse. Schools, churches, sports teams, and youth clubs can be held responsible if they covered up or did nothing to stop the abuse. In these cases, the institution can have a legal claim filed against it. This can lead to both restitution for the victim and required reforms in the organization.

What Proof Is Required for Sexual Assault?

Evidence in a sexual assault case can be varied. However, medical records, a police report, or testimony from witnesses are not always required to back up a claim. The testimony of the survivor alone can be compelling evidence. Legal professionals utilize therapy records along with past complaints and organizational documentation to validate their case and prove how the abuse continues to affect their client.

California Child Sexual Abuse Lawyer

Reporting it is never easy. Survivors may fear coming forward or feel ashamed or even doubt that someone will believe them. The fact is, you are not alone, and the law is on your side. Filing a civil claim for childhood sexual abuse in California can be empowering. If you or someone you know suffered childhood sexual abuse, DeMarco Law Firm can help you seek justice. Contact us today to get started.