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.
