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 have 10 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, our sexual 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 our personal 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 handles sexual 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. Our sexual assault attorneys handle the civil side on your behalf.
