If you’ve experienced sexual assault, you may be wondering, “Can you sue for rape?” or “Can I sue my rapist?” These are understandable questions to ask after experiencing such a difficult experience. Fortunately, the law is often on your side.
In most cases, you can indeed file a lawsuit against the person who sexually assaulted you and seek justice to hold perpetrators accountable for these heinous acts. Teaming up with a compassionate attorney significantly improves your chances of obtaining justice and the compensation you may be entitled to receive.
You Must Prove Your Claim by a Preponderance of the Evidence
In civil lawsuits regarding sexual assault, a key concept is the “preponderance of evidence” standard.
This essentially requires that you, as a plaintiff seeking justice due to sexual misconduct actions inflicted upon you, only need to demonstrate that it’s more probable than not — in other words, there is a greater than 50% chance — that your claims about the incident are true.
This is contrary to criminal cases in which the prosecution must prove their claim “beyond reasonable doubt.” Essentially, they have to bring forth irrefutable evidence where no other explanation can be derived except the defendant’s guilt.
It’s helpful for you to understand that to win your civil claim, you don’t have to provide this level of proof. While these cases are certainly challenging, they’re often easier to prove than a criminal matter.
What Is Considered Sexual Assault in California?
Sexual assault in California is identified as unwelcome physical conduct of a sexual nature. The term incorporates an array of actions ranging from those which may not involve penetration, such as some forms of fondling and groping without consenting, right through to more severe acts, such as rape.
The key element that determines whether behavior qualifies under the legal definition involves consent — the individual on the receiving end of these advances did not agree to them.
Who Can Sue for Sexual Assault in California?
In California, a sexual assault victim has the right to file a lawsuit against the perpetrator. However, there are certain exceptions where a third party can sue on behalf of victims who may be incapable of doing so themselves.
This includes parents or legal guardians filing suits for minors (typically those younger than 18 years old) as well as individuals appointed by courts with power-of-attorney status.
Ultimately, it’s almost always going to be the victim suing for sexual assault.
Do You Need to File Criminal Charges First Before Filing a Lawsuit?
No, you don’t need to file criminal charges before initiating a civil lawsuit in a sexual assault case. The two proceedings — criminal and civil — are separate and do not implicate one another.
It’s certainly possible for both actions — criminal charges along with a civil suit — to be filed, but there’s no requirement for this. Additionally, winning or losing in one proceeding would have no direct bearing on the outcome of the other one.
What Proof Is Needed in a Civil Lawsuit for a Sexual Assault Case?
In a civil lawsuit for sexual assault, multiple forms of evidence work together to build your case.
Victim’s Testimony
Primarily, the victim’s personal account carries significant weight in these matters. Your clear and consistent recounting of the incident details — from where and when it took place to specific actions performed by the perpetrator — becomes vitally important.
Witnesses
Eyewitness testimonials strengthen cases as well, when available. If witnesses were present during the crime or have information that bolsters the authenticity of your claim, this would help you.
Physical Evidence
This type of evidence sends a strong message to the court. It includes tangible elements such as medical reports regarding any physical injuries, forensic results like DNA matches, or pictures portraying visible harm.
Expert Testimony
Experts offering professional opinions can further solidify the case. This often includes medical professionals proficient in discussing the physical implications of the assault and forensic examiners skilled at interpreting laboratory findings linked with it.
This is not an exhaustive list of the types of evidence that are needed to prove a sexual assault claim, but the above evidence would be a great place to start and would help prove your claim.
What Punitive Damages Can You Recover From a Sexual Assault Civil Suit?
Punitive damages are intended to serve as a form of punishment for particularly severe misconduct and as deterrence for future behavior. They are awarded over and above any compensatory or actual damages that compensate the plaintiff for their economic losses or non-economic harms such as emotional distress.
Under California law, the plaintiff must prove that the defendant acted with malice, oppression, or fraud to be awarded punitive damages.
When it comes to sexual assault lawsuits, it wouldn’t be that uncommon for punitive damages to be awarded because sexual assault typically involves egregious violations of another person’s rights — behavior that courts consider serious enough to merit such a penalty.
What Is the Statute of Limitations to File a Sexual Assault Civil Suit in California?
The statute of limitations for sexual assault claims is handled differently based on the survivor’s age during the event.
Childhood Sexual Assault
Concerning incidents occurring when survivors were younger than age 18 at the time of abuse, California law grants you until you reach the age of 40 or within 5 years from discovering “psychological injury or illness occurring after the age of majority was caused by the sexual assault,” whichever occurs later.
Adult Sexual Assault
If the sexual assault occurred when you were already an adult, recent expansions of California’s statute of limitations apply.
For assaults that happened on or after January 1, 2019:
You have up to 10 years from the date of the assault, or three years post-discovery that injuries stemmed from such transgression — whichever is later — to file your lawsuit.
For assaults that occurred between January 1, 2009, and January 1, 2019:
On January 1, 2023, the Sexual Abuse and Cover-Up Accountability Act opened up a special three-year “lookback window” for sexual assault survivors to file civil claims.
During this period, which runs until December 31, 2026, all adult survivors can file a civil claim for sexual assault incidents that occurred on or after January 1, 2009.
The time limits can be a bit complicated, so always reach out to an experienced attorney to determine if you have the right to file a lawsuit.
Contact Gomez Trial Attorneys for Help With Your Sexual Assault Claim
As you navigate this challenging time, remember that the Gomez Trial Attorneys are here for you. With our wealth of experience and deep dedication to justice, we’re more than equipped to assist with your sexual assault claim. You never have to carry this burden alone. Reach out today for a no-cost consultation by calling us at 619-237-3490 or by contacting us online.