Surviving sexual assault isn’t just about surviving the moment but also handling the aftermath with dignity and strength, oftentimes without support. If someone violated your boundaries and took away your sense of safety, you may be dealing with fear, shame, anger, and confusion. You are not alone, and what happened is not your fault.
At Betts Law Group, our lead advocates, attorneys Thomas Betts and Whitney Betts, are deeply committed to helping survivors of sexual violence find their voice and pursue accountability. With years of experience handling sensitive, high-stakes cases across California, our team approaches each situation with trauma-informed care, strategic legal action, and unwavering advocacy.
What Is Sexual Assault Under California Law?
Under California law, sexual assault includes any non-consensual sexual contact. This includes unwanted touching, coercion, groping, molestation, and rape. The California Penal Code makes it clear that consent must be freely and affirmatively given. Past relationships, silence, or prior consent do not count.
In civil court, these acts may also give rise to personal injury claims for assault, battery, and intentional infliction of emotional distress. And unlike criminal cases, survivors in civil cases can hold not just the perpetrator accountable, but also any institution, employer, or third party who enabled or failed to prevent the harm.
What Should You Do After a Sexual Assault?
Even if the person who assaulted you is never criminally charged or convicted, you still have rights. California allows survivors to file civil lawsuits to seek compensation for the harm they suffered and hold the responsible parties accountable. Through a civil sexual assault claim, you can:
Reclaim your power through your story being heard
Hold individuals and institutions legally accountable
Seek monetary compensation for physical and emotional damages
You may also be able to pursue claims for negligent hiring, failure to supervise, or ratification of misconduct, especially in cases involving workplaces, medical facilities, schools, or rideshare platforms.
What If You Knew Your Assailant?
Many survivors wonder if what they experienced is still considered assault if they knew the person. The answer is yes. The majority of sexual assaults are committed by someone the survivor knows, whether a co-worker, friend, partner, or family member. Consent must be given every time and for each act, regardless of your relationship to the person.
Is a Civil Lawsuit Still Possible If the Police Are Involved?
Yes. Even if there’s a criminal case, you can still pursue a civil case. California law recognizes that survivors should have the opportunity to seek justice regardless of the outcome in the criminal system. Civil lawsuits offer:
A lower burden of proof than criminal court
A path to compensation for emotional and financial damages
A chance to hold institutions accountable
How Long Do You Have to File a Civil Claim?
Survivors of sexual assault have10 years to file a civil claim or 3 years from the date they discover the injury or damage caused by the assault, whichever is later.
For childhood sexual abuse that occurred before January 1, 2024, California allows survivors to file until they turn 40 or within 5 years of discovering the abuse. For abuse occurring on or after January 1, 2024, California has eliminated the statute of limitations entirely, so now survivors may file a civil claim at any time.
What Compensation Can You Recover?
A civil claim is about more than money, but financial compensation can help you begin to rebuild. Survivors may be eligible to recover:
Medical and therapy costs
Lost wages or reduced earning capacity
Pain and suffering
Emotional distress
Punitive damages (in cases of intentional or egregious conduct)
How Can a Sexual Assault Attorney Help?
After an assault, finding the words or energy to fight for yourself can feel impossible, and that’s completely okay. You don’t have to face this journey alone. At Betts Law Group, we are here to support you every step of the way by listening without judgment, protecting your privacy and safety, and investigating your case with the utmost sensitivity and discretion. We handle cases involving:
Childhood Sexual Abuse
Lyft & Uber Driver Sexual Assault
Therapist Grooming and Sexual Assault
Improper Conduct in Medical Facilities
School District Incidents
Massage Therapist Assault
Rehab Facility Assault
Institutional Abuse
Institutional Cover-ups
We are committed to holding both individuals and institutions accountable, pursuing meaningful justice and real change on your behalf. Our purpose is to elevate your voice, not speak over it, as we fight to get you the accountability and compensation you deserve.
Contact Our Sexual Assault Legal Team to Walk This Path Together
At Betts Law Group, we represent survivors of all backgrounds, experiences, and identities, including LGBTQ+ individuals, disabled adults, and children. Our trauma-informed approach means we always put your comfort, safety, and control first.
If you or someone you love is a survivor of sexual violence, we see you. We believe you. And we are here to help. You don’t need to have it all figured out to reach out. Leave us your details or contact us at (858) 201-2424.
Frequently Asked Questions About Your Rights After Sexual Assault in California
1. What is sexual assault under California law?
Sexual assault in California is any unwanted sexual contact without consent, including touching, groping, molestation, and rape. Consent must be freely given every time, no matter the relationship. If you’ve experienced this, oursexual assault attorneys can help you understand your rights.
2. What compensation can I get from a sexual assault civil lawsuit?
Survivors can recover money for medical and therapy bills, lost wages, pain and suffering, emotional distress, and, in some cases, punitive damages. Visit ourpersonal injury page to learn more about how damages work.
3. Can I sue someone for sexual assault even if they weren’t arrested?
Yes. A criminal conviction is not required to file a civil lawsuit. California lets survivors pursue their own case for compensation, separate from any criminal case. Learn more about your options from our sexual assault lawyers in California.
4. How long do I have to file a sexual assault lawsuit in California?
Adult survivors generally have 10 years from the assault or 3 years from discovering the harm, whichever is later. For childhood abuse before 2024, survivors can file until age 40 or within 5 years of discovering the harm.Contact us to find out if your case is still within the filing window.
5. Can I still sue if the assault happened years ago?
Possibly, yes. California has some of the most generous timelines in the country for sexual assault claims, including special rules for childhood abuse. Don’t assume it’s too late. Reach out to us for a free, confidential consultation.
6. Can I file a civil lawsuit against a school, hospital, or employer for sexual assault?
Yes. Institutions can be held liable if they failed to prevent abuse or covered it up. Our team handlessexual assault cases involving schools, medical facilities, rideshare companies, and more.
7. Does it count as sexual assault if I knew the person?
Yes. Most sexual assaults are committed by someone the survivor knows. Consent is required every time, regardless of the relationship. If you’re unsure whether what happened qualifies,contact our team for counsel without judgment.
8. What is the difference between a criminal case and a civil sexual assault lawsuit?
Criminal cases are brought by the government to punish the offender. A civil case is brought by you to get compensation for your harm. Civil cases have a lower burden of proof, so you can win even if criminal charges were never filed. Oursexual assault attorneys handle the civil side on your behalf.
When parents send their children to school, they expect them to be safe, supported, and guided by trusted adults. But for some students, the very people tasked with protecting them become the source of unimaginable harm.
That’s what happened to C.M., a former wrestler at Patrick Henry High School in San Diego, who is now bravely pursuing justice against both her former coach and the San Diego Unified School District (SDUSD). Her case highlights the urgent need to hold institutions accountable when they fail to protect children from abuse.
AtBetts Law Group, we represent survivors of sexual abuse across California, whether it occurs in schools, healthcare settings, or workplaces. We believe no survivor should have to face these battles alone, and every institution must be held to its duty of care.
What Happened at Patrick Henry High School?
The defendant, Eduardo “Eddie” Hernandez, served as a wrestling coach at Patrick Henry High and other schools in the district for decades. According to the lawsuit, Hernandez groomed C.M. beginning at age 13 and ultimately raped her at 17. Tragically, Hernandez had already assaulted at least one other student before abusing C.M., yet SDUSD continued to employ him for years.
Hernandez was arrested in November 2024 and has since pled guilty to sexual abuse of a minor. Despite this, C.M. and her legal team allege that the district’s failure to properly supervise, investigate, and remove Hernandez made the abuse possible.
This is not an isolated issue.Institutional sexual assault occurs when organizations like schools, hospitals, or sports programs ignore warning signs or allow predators continued access to vulnerable individuals.
The Claims Against SDUSD
C.M.’s lawsuit names both Hernandez and SDUSD as defendants. The allegations include:
Sexual abuse of a minor
Sexual harassment and gender violence
Intentional infliction of emotional distress
Negligent hiring, supervision, and retention of an unfit employee
Breach of mandatory duty to report suspected child abuse
Negligent failure to warn, train, or educate staff
Negligent supervision of a minor
These claims echo the pattern we often see in cases ofsexual harassment in California, where institutions prioritize reputation or convenience over the safety of those in their care.
Why This Case Matters
C.M. is now 39 years old, but the trauma she endured as a teenager is lifelong. Her willingness to step forward is about more than her own healing – it’s about preventing other students from being harmed.
Cases like this shine a light on systemic failures. Schools have a duty to protect children, investigate complaints, and remove predators immediately. When they don’t, they not only endanger their students but also break the trust of families who expect schools to be safe spaces.
Unfortunately, silence and inaction are common in institutional abuse cases. Survivors often hesitate to report due to shame, fear of retaliation, or the belief that no one will believe them. Institutions sometimes exploit that silence to avoid accountability.
At Betts Law Group, we know how important it is to break that cycle. By filing this case, C.M. hopes to encourage other survivors to come forward and to push SDUSD (and other school districts) to adopt stronger protections for students.
How Betts Law Group Supports Survivors
Pursuing a case against an individual abuser is difficult enough. Holding an entire institution accountable adds another layer of complexity. That’s where an experienced legal team matters.
Conduct thorough investigations into institutional negligence.
Work with trauma-informed care to support survivors at every step.
Pursue both accountability and compensation for the harm done.
Push for policy changes that can protect future students.
Our team, led byWhitney Betts andThomas Betts, is dedicated to fighting for survivors and ensuring their voices are heard.
Taking the Next Step
C.M.’s case was filed on August 13, 2025, at the start of a new school year. For some children, returning to the classroom is exciting. For others, it can mean returning to an unsafe environment. Cases like this are so important because they not only seek justice for one survivor but also aim to create safer systems for future generations..
If you or someone you love has experienced abuse in a school, workplace, or healthcare setting, know that you are not alone.Contact Betts Law Group for a confidential consultation. We are here to listen, support, and fight for the justice you deserve.
Frequently Asked Questions
What is considered institutional sexual abuse? Institutional sexual abuse occurs when someone in a position of authority within an organization (such as a teacher, coach, doctor, or employer) exploits that power to abuse someone under their care.
Can I still file a claim if the abuse happened years ago? Yes. California law provides extended timelines for survivors of childhood sexual abuse to pursue justice. Even if the abuse occurred decades ago, you may still have a valid claim. Our team can help you understand your rights andexplore your legal options.
What types of claims can be brought against a school district or institution? Claims may include negligent hiring, supervision, or retention of staff, failure to report suspected child abuse, and direct liability for harassment or assault. Each case is unique, which is why consulting with anexperienced attorney is so important.
How do I prove negligence in a case like this? Evidence may include prior complaints about the abuser, witness testimony, or patterns of misconduct ignored by the institution. Our attorneys have extensive experience building strong cases that hold institutions accountable.
What support is available for survivors outside of legal action? Survivors often benefit from counseling, peer support groups, and advocacy services. While we focus on the legal side, we also connect clients with resources to support their healing.
How can Betts Law Group help if I’ve been harmed? We provide confidential consultations, trauma-informed guidance, and representation against both abusers and the institutions that enabled them. Whether through settlement or trial, we fight for accountability, justice, and policy change.
Institutional sexual assault happens when someone in a position of authority within an organization uses that power to abuse or exploit a person under their care. These individuals may include:
Healthcare providers like doctors, nurses, or therapists
Educators or school staff
Correctional facility guards
Religious leaders
Employers or supervisors
Often, institutions fail to conduct proper background checks, ignore warning signs, or protect abusers to preserve their reputation. That negligence allows abuse to happen in places meant to be safe.
In California, sexual assault may fall under several statutes, including sexual battery, rape, and civil action for gender-based violence. These laws offer both criminal consequences for abusers and civil pathways for survivors to seek justice.
Why Survivors Don’t Always Speak Up Right Away
Survivors of institutional abuse often delay reporting for deeply human reasons. The person who hurt them may have been someone they trusted or depended on for care or support. They may have feared retaliation, disbelief, or shame. Some may have been manipulated emotionally or psychologically to believe the abuse was normal or even their fault.
At Betts Law Group, we understand how complicated these experiences can be. We never rush you, judge you, or pressure you. Our mission is to help you reclaim your power and voice, no matter how long ago the abuse occurred.
How to Build a Case Against an Institution
Sexual abuse cases involving institutions can be complex. It’s not just about holding the individual perpetrator accountable; it’s about proving that the organization was negligent.
We investigate whether the institution:
Ignored complaints or failed to act
Neglected to train or supervise staff
Failed to conduct proper background checks
Allowed ongoing access to vulnerable individuals despite known risks
How Can an Institutional Sexual Assault Lawyer Help?
Take the First Step Toward Healing and Justice; Contact Betts Law Group Today
Institutional sexual assault cases are never easy, but you don’t have to carry the weight alone. At Betts Law Group, we believe survivors, and we fight with empathy, strength, and dignity to make sure you’re heard. We’re committed to standing by you every step of the way in seeking justice and holding institutions accountable for their actions.
Contact us today at (858) 201-2424 or schedule a free, confidential consultation. Let’s take the next step forward, together.
Sexual assault is any unwanted sexual contact, which can range from unwanted touching to rape. In a rehab clinic, this can be especially devastating as individuals seeking treatment are already in a vulnerable position. To be violated in a space meant for healing and recovery jeopardizes their progress and sense of safety.
The facility has a legal and ethical responsibility to protect patients, who are often in vulnerable states. California law mandates reporting of sexual assault in healthcare facilities, including rehab centers. Facilities must also comply with heightened state and federal regulations regarding patient rights, confidentiality, and safety.
Immediate Steps to Take After a Sexual Assault in a California Rehab Clinic
The aftermath of sexual assault can be overwhelming, and the trauma of the incident may take some time to process. While you should focus on the healing process first and foremost, it is also important to take steps to ensure your safety and preserve evidence so that justice can be served to your perpetrator.
Prioritize your safety. If you are still in immediate danger, remove yourself from the situation and find a safe place.
Seek medical attention. It’s important to get a medical evaluation as soon as possible, even if you don’t have any visible injuries. A medical exam can document any injuries, provide treatment, and collect evidence for possible legal proceedings.
Report the assault to rehab staff. The victim is encouraged to report the assault to staff, who are mandated reporters obligated to notify law enforcement.
Our attorneys at Betts Law Group understand how difficult it can be to come forward after experiencing sexual abuse. We offer a safe and supportive space where you can share your story and explore your legal options.
Our team can help you understand your rights as well as the legal process, gather evidence, negotiate with insurance companies, and file a lawsuit against the perpetrator and/or rehab facility. Contact us today to learn how we can help you with your case.
Frequently Asked Questions
1. Can I file a sexual assault claim even if I was under the influence during rehab?
Yes. Being under the influence of medication or substances does not invalidate your experience or your rights. California law recognizes that people in treatment settings may be vulnerable, and the responsibility always lies with the perpetrator — never the survivor.
2. Can I take legal action against the rehab facility, not just the attacker?
Often, yes. Rehab centers have a duty to keep patients safe. If the facility failed to supervise staff, ignored warning signs, violated reporting protocols, or created unsafe conditions, it may be held liable for negligence. A lawyer can help determine who is responsible.
3. Will reporting the assault affect my treatment or recovery plan?
It should not. California healthcare facilities are required to protect patients from retaliation and to maintain your rights throughout treatment. You can continue receiving care, transfer to another facility, or work with advocates to adjust your recovery plan safely.
4. What if I didn’t report the assault right away?
Delayed reporting is extremely common and does not prevent you from seeking justice. Survivors often need time to process what happened. You may still have legal options, and attorneys can help you document the incident and gather evidence even if time has passed.
5. Do I need to press criminal charges to pursue a civil case?
No. Criminal and civil cases are separate. Even if no criminal charges are filed, or the perpetrator is not convicted, you may still pursue a civil claim for compensation related to your emotional, physical, and financial harm.
6. What compensation can survivors of rehab-facility assault pursue?
Survivors may be able to recover damages for medical expenses, therapy, pain and suffering, lost income, diminished quality of life, and more. In some cases, punitive damages may apply if the facility’s conduct was especially reckless or harmful.
Experiencing sexual assault at hospitals which should be a place meant for healing and safety, is a devastating violation of trust. Hospitals are meant to be safe spaces where patients seek comfort and care from trusted practitioners during vulnerable times. When an act of sexual assault shatters this trust, it not only inflicts immediate physical and emotional harm to the individual, but also undermines the foundation of the patient-provider relationship.
Report the Assault: Inform hospital staff, security, or law enforcement immediately. You may also want to report the assault to the perpetrators’ medical board or licensing organization.
Seek Medical Attention: Go to the emergency room for a medical examination and treatment, including testing for sexually transmitted infections and pregnancy.
Document Everything: Keep detailed records of the assault, including the date, time, location, and any witnesses. Write down all of your interactions with hospital staff and law enforcement.
Some of the things you can expect after reporting a sexual assault in a California hospital:
Hospital Investigation: The hospital has a legal obligation to investigate all reports of sexual assault. This may involve interviewing you, the alleged perpetrator, and any witnesses. They will also review any available evidence like security footage.
Law Enforcement Investigation: The police will conduct their own independent investigation. This process may include interviewing you, collecting evidence, and potentially arresting the perpetrator.
Your Role: Throughout the investigation process, it’s important to be honest and cooperative with both the hospital and law enforcement. Keep detailed records of all interactions and communications.
What Are the Legal Options After a Sexual Assault in a California Hospital?
If you’ve been sexually assaulted in a medical institution in California, you may have several legal options. The first is filing criminal charges. Law enforcement may pursue criminal charges against the perpetrator based on their investigation findings. If the State decides to prosecute, you may be asked to testify in court.
Another option is a civil lawsuit. You may be able to file a civil lawsuit against the perpetrator and/or the hospital, seeking compensation for damages such as medical expenses, pain and suffering, and lost wages.
Additionally, you can file a complaint with the California Department of Public Health (CDPH) against the hospital and to other applicable licensing agencies depending on the situation.. A sexual assault attorney can help you understand your legal options and determine the best course of action for your specific situation.
Contact Betts Law Group For Your Consultation
At Betts Law Group, we are committed to helping those who have experienced sexual assault in a hospital setting seek justice and healing. Our compassionate team will listen to your story with empathy and respect, thoroughly investigate the assault, and pursue your case in court if necessary.
We understand the sensitive nature of these cases and will provide you with the support and guidance you need every step of the way. Contact us today for a consultation so you can start on the path to healing.
Frequently Asked Questions
1. Can I file a report even if the perpetrator was a doctor or nurse?
Yes. No medical professional is above the law. Hospitals and healthcare workers are held to strict ethical and legal standards in California, and sexual misconduct is grounds for criminal charges, civil liability, and disciplinary action from medical licensing boards.
2. What if I’m afraid the hospital will try to cover up what happened?
Unfortunately, some facilities mishandle or minimize reports, but they are legally obligated to investigate and report sexual assault. You also have the right to report directly to law enforcement and state agencies, and an attorney can help ensure the hospital is held accountable.
3. Do I have to undergo a full forensic exam to pursue a case?
No, although a forensic exam can provide valuable evidence. You can still report the assault and pursue legal action even if you decline a sexual assault exam. Your health, comfort, and well-being come first.
4. Can I take legal action if the assault was committed by another patient?
Yes. Hospitals have a duty to protect patients from foreseeable harm. If the facility failed to monitor patients, enforce safety protocols, or respond appropriately to warning signs, it may share liability alongside the individual who committed the assault.
5. What compensation can hospital sexual assault survivors pursue?
Survivors may pursue damages for medical treatment, trauma therapy, emotional distress, lost wages, and long-term psychological effects. In cases of gross negligence or institutional failure, punitive damages may also be considered.
6. Will coming forward affect my medical care or insurance coverage?
It should not. California law protects patients from retaliation or compromised treatment after reporting sexual assault. If you feel unsafe or unsupported at your current facility, an attorney can help you request a transfer or coordinate care elsewhere.
On July 8, a federal lawsuit was filed by Betts Law Group and the Law Office of Gregory Peacock against Anaheim police officer Carlos Romero and the city of Anaheim. The plaintiff, identified as Jane Doe, accuses Romero of sexual assault and battery.
Whitney Betts of Betts Law Group has years of experience representing survivors of sexual assault in California, which is why she ready to provide her years of experience to jointly the file the suit with the Law Office of Gregory Peacock.
The Disturbing Details of the Assault
The lawsuit alleges a disturbing pattern of abuse of power. According to the filing, the instance began when Doe noticed Romero smiling at her while she was at an In-N-Out restaurant on May 19, 2023.
Doe’s lawsuit levels multiple charges against both Romero and the city of Anaheim. Against Romero, she alleges sexual assault, battery, violation of her Fourth Amendment rights against unreasonable seizure, and violation of her Fourteenth Amendment due process rights.
The lawsuit also holds the city of Anaheim responsible for the incident. Doe alleges that the city failed to adequately train and supervise Romero, leading to the violation of her constitutional rights.
Romero has since been placed on administrative leave by the Anaheim Police Department and, according to Mike Lyster, a spokesperson for the city of Anaheim, a criminal investigation has been launched by officials.
Chilling Statistics About Sexual Assault
Sadly, sexual assault is not an uncommon occurrence in the United States. One in five women will experience completed or attempted rape in their lifetimes. In California, more than 86% of women and 53% of men have have experienced some sort of sexual harassment and/or assault in their lifetime.
According to the U.S. Department of Justice, it is estimated that more than 2 out of 3 sexual assaults are reported to the police. Some of the reasons that sexual assault is not reported include:
Fear of retaliation from the perpetrator and the community
Uncertainty that law enforcement would do anything to help
Believed it was not important enough to report
At Betts Law Group, we encourage all survivors to document and report instances of sexual assault so that they can ensure justice is served.
What to Do After Sexual Assault
We understand that the trauma of sexual assault goes beyond physical harm. It’s a violation of trust, safety, and personal autonomy that can stay with those that are affected. The aftermath of a sexual assault can be overwhelming, but there are resources available to support you. Some of the steps you should take after a sexual assault:
Immediately go to a safe place and reach out to a trusted loved one or call a survivor hotline
Once you feel safe, assess if you need medical attention, which can help gather evidence for your case
Contact a therapist or counselor to help you process the assault, cope with the emotional aftermath, and regain a sense of control
Seek legal help if you plan on pursuing criminal or civil charges against your assailant
Our sexual assault attorneys at Betts Law Group have represented countless survivors throughout their sexual assault cases, and we are committed to empowering survivors and helping them reclaim their lives.
Contact Betts Law Group
This lawsuit serves as a reminder that those entrusted with our safety can abuse their power. At Betts Law Group, we are dedicated to seeking justice for survivors of sexual assault. If you or someone you know has been affected by such crimes, contact us today. Your voice matters, and we’re here to help.
