Can I Sue for Sexual Assault in CA?August 23, 2022
If you want to know if you can sue for sexual assault in CA, the answer would be yes. However, it’s a lot more complicated than just saying you can sue for sexual assault. Here at Bamieh & De Smeth, our Santa Barbara sexual assault lawyers talk to survivors to help them make the best decisions for their specific situations. This is very important because if you’re a sexual assault survivor, you are undoubtedly feeling a lot of emotions. You probably have a lot of trauma no matter when the assault occurred, whether it was during your childhood or just recently.
Important Questions to Ask Before Suing for Sexual Assault in CA
As a sexual assault survivor, you have to ask yourself the question – “Do I want to put this experience into the criminal justice system or into the civil system where I'm suing for monetary damages?” The law recently expanded the statute of limitations for sexual assault cases. This means that even if the injury and the assault happened when you were a child or years before, you may still have a lawsuit.
The next question is, “How do I handle a sexual assault lawsuit?” One of the keys here is you need to find a law firm that has some experience dealing with these types of suits. This means not only how to treat and work with survivors of sexual assault but also how to file the case, how to investigate this case, and how to know who to sue because whom you sue is going to be very important. Are you just suing an individual or also an entity, such as a school an organization, which allowed the sexual assault to happen?
Damages You Can Recover in a Sexual Assault Lawsuit
Sexual abuse or sexual assault survivors can sue those who have harmed them for damages. Any sex crime can serve as grounds for a civil suit. The following are common acts that can give rise to sexual assault lawsuits:
- Sexual abuse
- Groping or sexual battery
- Indecent exposure
- Other non-consensual sexual acts
The defendant does not need to be charged or convicted of sexual assault before survivors can sue them for damages. As long as the survivor has sustained damages due to the sexual assault, they can sue the defendant for compensatory damages and even punitive damages, including:
- Medical expenses
- Lost earnings and earning capacity
- Pain and suffering
- Emotional distress
- Traumatic stress and other related disorders due to sexual assault, such as insomnia, depression, anxiety, etc.
- Lost enjoyment of life
Reach Out to Our Compassionate and Experienced Santa Barbara Sexual Assault Lawyer Now
If you're a survivor of sexual assault and you're considering whether you can sue for sexual assault, please give Bamieh & De Smeth a call at 805-643-5555 or reach us online. One of our Santa Barbara sexual assault lawyers will be happy to sit down with you and talk about your case. We promise to make you feel comfortable so you can better understand your situation and the full facts you need to know before you make such a monumental decision.