There is a difference between sexual assault and rape under Californian law. According to PEN § 243.4, sexual assault is any form of unwanted, forced, or coerced sexual touching. Rape falls under the umbrella of assault. However, according to PEN § 261, rape specifically includes an “act of sexual intercourse.”
Any sexual assault, including rape, is a crime. The State of California may bring criminal charges against your abuser, which could result in fines, jail time, or placement on the sex offender registry. You can also seek justice with a civil claim against the perpetrator or the church, school, business, or institution that contributed to their crimes.
An attorney with our firm can help you learn more about your rights and how you can seek compensation for your rape or sexual assault. We understand that money cannot take away the harm you have suffered, but it can provide you with the necessary resources to start rebuilding your life.
How Long do You Have to Pursue An Assault or Rape Case Under Californian Law?
In recognition of the obstacles survivors face in coming forward, California recently extended its statutes of limitations for both adult and child sexual assault (including rape).
In 2018, Assembly Bill No. 619, which became Ca. Civ. Proc. Code § 340.16, extended the statute of limitations for adult victims from three years to 10 years, or three years from when you reasonably discovered the act. This update applies to cases commenced on or before Jan. 1, 2019, and it is not retroactive.
The California Child Victims Act of 2019, Ca. Civ. Proc. Code § 340.1, changed the statute of limitations for child sexual assault to 22 years from a victim’s 18th birthday (age 40) or five years from when the victim should have reasonably discovered the offense after age 18.
Child Sexual Assault Survivors “Lookback” Window
The California Child Victims Act also provides a “lookback” window for survivors barred from civil action by the previous statute of limitations The law allows survivors who suffered sexual abuse before age 18 a three-year window (closing Jan. 1, 2023) to bring a civil lawsuit, regardless of how many years ago the abuse occurred.
Our lawyers can tell you more about how the statute of limitations and the lookback window will affect your sexual assault or rape case.
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What Should You Do if You Are the Victim of Sexual Assault or Rape?
Whether your assault occurred recently or was years in the past, coping with the aftermath of sexual violence or rape can be difficult. Survivors often experience confusion, depression, fear, and denial, and some child sexual abuse survivors may not even recognize or recover memories of the abuse until adulthood. For these and other reasons, many victims do not immediately report their assault or deal with the physical and emotional aftermath.
If you need help, you can contact the Rape, Abuse & Incest National Network (RAINN) to learn more about crisis support services in your area. Call RAINN 24/7 on its confidential National Sexual Assault Hotline at 800-656-4673 or chat online at online.rainn.org.
You can also consider reaching out to our lawyers to learn more about your legal options. Under Californian law, you have the right to pursue monetary awards from the parties responsible for your assault or rape. We can help you get the compensation you need and deserve.
You Deserve Justice for Your Sexual Assault
Sexual assault and rape can devastate a survivor’s life. You may suffer from physical injuries, mental and emotional trauma, and loss of income. Our team can help you seek financial awards to aid in your recovery. Compensation may include:
- Emergency transportation or medical treatment
- Doctor bills
- Hospital fees
- Surgeries and medical procedures
- Medications
- Rehabilitation
- Mental health services
- Lost wages, earnings, and benefits
- Loss of earning potential
- Pain and suffering, including monetary awards for physical pain, mental anguish, emotional suffering, and loss of enjoyment of life
How Can Our Attorneys Help With Your Case?
Those who harmed you or harbored your abuser should pay. We can help you build a robust case and advocate for you throughout the legal process. We will:
- Locate and interview eyewitnesses
- Obtain police reports, medical records, physical data, and other evidence to support your case
- Calculate your assault-related losses
- Identify all liable parties
- File your insurance claims or lawsuits
- Handle all case-related emails, phone calls, and meetings
- Fight for you during negotiations
- Represent you at trial if needed
Call Greenberg Gross LLP
The team at Greenberg Gross LLP takes pride in working alongside sexual abuse survivors. We understand how difficult it can be for people to experience an assault or rape, so we strive to treat each client with compassion, understanding, and respect.
You are never alone in your pursuit of justice when you work with our team. We will be a powerful advocate for you and your loved ones. To find out more about how we can take your case at no upfront cost to you, contact us for a free case evaluation.
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