A personal injury lawyer can help you get financial compensation after a sexual assault. They can also seek justice and hold the responsible party accountable. At The Law Offices of Jacob Emrani, we specialize in personal injury cases, including those involving any type of sexual assault. We provide high-quality representation throughout Southern California. If you’ve experienced sexual assault, we’ll evaluate your case and help you with every legal tool we have.
According to the Rape, Abuse & Incest National Network (RAINN), someone in America is sexually assaulted every 68 seconds. Most victims are under the age of 18. There are many types of sexual assault, including rape, inappropriate touching, kissing, or groping. Exposing oneself or showing inappropriate images is also considered sexual abuse.
Is There a Statute of Limitations on Sexual Assault in California?
If the victim is over 18 years old, they can file a lawsuit for sexual assault within ten years of the incident. They can also file within three years of discovering an injury or illness caused by the assault. As of January 1, 2024, a childhood sexual assault lawsuit can be brought anytime with no deadline.
Reasons to Hire a Personal Injury Lawyer
It’s extremely difficult to manage a case yourself. Legal language, procedures, and deadlines can be tough to navigate. A personal injury lawyer can manage your sexual assault case and increase your chances of success. You need a legal representative because they:
- Understand the requirements to establish a sexual assault case.
- Draw from their knowledge to explore your legal options.
- Determine the person or entity that is liable.
- Estimate the value of your case.
- Can identify the damages you may be eligible for.
- Know how to seek an insurance settlement.
- Follow court requirements for filing a sexual assault lawsuit.
- Litigate your case and take it to trial if necessary.
- Manage appeals if the defendant files any.
- Collect damages and ensure you’re compensated fairly.
Definition of a Sex Crime
Rape, defined as nonconsensual sexual intercourse, is just one type of sexual assault. A sex crime can include contact with force or violence, fear of immediate injury, or being under duress. Under California law, the victim may be under the influence of alcohol or drugs, sleeping, unconscious, or otherwise not have the mental or physical capacity to consent.
State law also classifies sexual assault as sexual battery. It requires intent. This means if someone accidentally brushes against another person in a crowded area, they can’t be charged with a crime.
Consent and Sexual Assualt Under the Law
In California, the legal age of consent is 18. This means anyone under the age of 18 cannot legally consent to have sex with someone unless the two are married with a court order and parental consent. Violating age of consent laws can result in being charged with statutory rape. The severity of the penalty varies depending on the difference in age between the victim and defendant, among other factors, but can range up to four years in state prison.
Sexual Assault: Civil vs. Criminal
A sexual assault case can be civil or criminal, depending on the circumstances, which is another reason you need an experienced personal injury attorney. In a civil case, the lawsuit is filed in court on behalf of the victim. After analyzing the evidence, a judge and jury determine the outcome and examine the damages to award the victim. A civil suit decides if the defendant is legally liable for the plaintiff’s damages/injuries.
A criminal case begins when a sexual assault is reported to the police. If the suspect is arrested, they face sexual assault charges. Instead of the victim being compensated, the suspect is subject to prosecution. The prosecutor determines how the case proceeds. Meanwhile, the victim has little say in this, but they can file a sexual assault civil suit with the help of a lawyer.
How to Find the Right Attorney
Personal injury attorneys can specialize in various types of law, but not all are skilled in sexual assault cases. Don’t hire an attorney just because one says they can take on your case. It’s important to weigh the following factors:
- Experience: Ask the attorney specific questions about their experience in sexual assault law. These inquiries should pertain to laws in your state, the legal process, and common challenges they encounter. They should be able to answer these questions freely and confidently.
- Compassion: When communicating, the attorney should be empathetic and aware of how traumatic the situation is to you. They should make things personal. Be wary if they move too quickly and seem too eager to move your case forward.
- Past Results: A lawyer’s experience with similar cases is a factor in hiring one. Expertise is why you need a personal injury attorney in the first place. Don’t expect names of past clients, but the lawyer should provide figures and insights into what it takes to achieve a settlement.
- Attentiveness: A potential legal representative should want to hear your story. Knowing every detail helps build a strong case, so the ability to listen is an important attribute. Skip any attorney who disregards what you say or constantly interrupts.
- Aggressive Representation: A sexual assault attorney should express willingness to fight for your maximum compensation, and not make bold promises. There is never any guarantee. Being confident yet cautiously optimistic is a sign of honesty and professionalism.
How Long Does a Sexual Abuse Case Take to Settle?
A sexual assault case can take a few weeks to a few months. Some cases take years to resolve. It depends on when all parties come to a resolution, but going to trial can extend the time. Court procedures, scheduling conflicts, case complexity, the amount of evidence, and other factors can affect the timeline of a lawsuit.
How Much Compensation Can I Get in a Sexual Assault Lawsuit?
The amount you’re compensated depends on various factors, including the type of indecent act, the occurrence of physical abuse, and the severity of bodily injury. If an injury is permanent or life-threatening, a victim can receive a much higher payout.
Call Jacob Today
If you’re the victim of sexual assault, you need a personal injury lawyer. You may be entitled to compensation. At The Law Offices of Jacob Emrani, we’re prepared to help by fighting for your rights and ensuring justice is served. We charge no fees until we win. Meanwhile, you can get access to medical treatment and pay your bills. Our team is professional, compassionate, and experienced at holding liable parties accountable and ensuring maximum damages are recovered.
Contact us today for your free consultation.