Faq’s
How can I help?
I help survivors of sexual assault regain their power through the civil court system. Even if your case is making its way through the criminal courts, I can simultaneously begin a civil case to get you justice and hold your attacker responsible. I will stand by you through the entire process. Contact me today to make sure the person who did this to you is held accountable.
How long do you have to file a lawsuit?
For both criminal vs. civil lawsuits, there are filing deadlines that survivors must act within. This is a term known in the legal realm as the statute of limitations, which is how long the survivor has to initiate a lawsuit.
The statute of limitations for sexual assault will vary based on state and when the last date of abuse occurred. In California, the laws are as follows:
Criminal Cases
If the survivor was an adult when the abuse last occurred, the prosecuting attorney has ten years to file charges against the accused. If the survivor was a child when the abuse occurred, the attorney has until the child’s 40th birthday to file the lawsuit. There are few exceptions to these limitations.
Civil Cases
If the survivor was an adult during the time of the abuse, they have either ten years from the date of the incident or three years after they discover a resulting illness or injury from the sexual abuse and the abuse took place before 2019.
Children who were sexually abused have a few options. Similar to the criminal statute of limitations, a civil lawsuit allows them to file until their 40th birthday or within five years of discovering the abuse. In addition to this, all childhood survivors of sexual abuse can file a civil lawsuit until January 2023 regardless of their age. This is due to a bill that lifted the statute of limitations on child sexual abuse claims for a three year period.
Can you file both criminal and civil lawsuits?
Many clients ask if they can file both a criminal and civil lawsuit, and the answer is yes. Typically, criminal cases can take longer to resolve. survivors do not have to wait for a criminal case to close before filing a civil lawsuit. However, a civil case can also progress more easily if a criminal case already found the defendant guilty.
Can survivors receive compensation for criminal and civil lawsuits?
Yes, in certain circumstances. Survivors and their families should be aware that even after they’ve received restitution through criminal courts, they can still seek compensation through a civil lawsuit. However, it’s important to keep in mind that any financial award you receive from one case can influence or even reduce the amount you receive from the other case. Whichever one settles first could help determine how much you ultimately receive from the second case resolution.
Was it sexual assault if it was my friend or my husband or my ex-boyfriend?
It doesn’t matter who violated your trust. If you didn’t want that person to touch you, it was sexual assault. It could have been your friend, girlfriend, ex-husband or even a blood relative. Just because you previously knew the person who did this to you does not mean the pain or the feelings of confusion are lessened in any way.
How is a criminal case different than a civil case?
If you were sexually assaulted, you can sue the person who assaulted you in a civil case to seek monetary damages. Sexual assault is also a crime for which the state can prosecute the perpetrator, resulting in potential jail time.
How much will it cost me?
I work on a contingency basis, which means that you do not pay me for services unless we win. The contingency fee that I charge is calculated as a percentage of the verdict or settlement that’s won. I also pay the upfront cost of filing a lawsuit.
Is my conversation confidential?
Yes. I take the utmost precaution to make sure all conversations with survivors are confidential. I understand how important privacy is to a survivor of sexual assault. Survivors can speak to me about their experience; however, it’s up to the survivor to decide whether or not to move forward with legal action.
What if I was under the influence of drugs or alcohol when it happened?
If you were intoxicated or took illegal drugs before someone sexually assaulted you, it’s still not your fault. The state of California says “positive cooperation” is required before consensual sexual activity between two people. If one of them is intoxicated, he or she could not give consent.
What do I do if I think I was sexually assaulted?
Sexual assault can be one of the most agonizing experiences of your life. But the best way to sort through the feelings is to get help. Immediately afterward, you can call the police, go to your nearest emergency room, or, in Orange and Los Angeles counties, call the Center for Community Solutions. The center has advocates who can talk to you 24 hours a day and find you the help you need.
How do I get through the emotional trauma of sexual assault?
Sexual assault doesn’t have to be a trauma you suffer from for the rest of your life. There are ways you can become a survivor. Counseling can help you sort through your feelings. In Los Angeles or Orange Counties, you can call the Center for Community Solutions, which has staff 24 hours a day to help sort through your feelings. If you are questioning what happened, feel guilty or ashamed or don’t know whether calling the police is a good idea, the Center for Community Solutions can help you find a path to healing.