Compensation and Damages in Sexual Abuse Lawsuits

In fiscal year 2022, a reported 1,499 sexual abuse offenders were sentenced in our criminal justice system. The more frightening reality is that almost 1,500 individuals endured physical and emotional trauma in the same year.

When a victim reports a sexual abuse incident, a prosecutor may move forward with pressing charges. Although a sexual abuse victim may receive criminal restitution, the individual will need to pursue a civil suit to recover for any emotional hardship.

If you are a victim of sexual abuse, our California sexual abuse victim attorneys are here to help you recover the damages you deserve.

How Does California Define Sexual Abuse?

California law refers to sexual abuse as sexual battery. Under California Penal Code § 243.4 PC, a person commits sexual battery if the individual touches another person without their consent while they are restrained.

If the touching is for the purpose of sexual arousal, sexual gratification, or sexual abuse, the individual is guilty of sexual battery.

Restitution versus Damages

Criminal law does allow a victim of a crime to be compensated for out-of-pocket costs that are a result of sexual abuse. This is known as restitution. The criminal justice system considers restitution to be a perpetrator’s debt to society.

While a victim can recover compensation for economic losses, to recover for psychological, mental, or emotional suffering, an individual will need to take civil action.

Compensatory Damages

If you decide to file a civil suit for your sexual abuse case, you may be eligible to receive compensatory and potentially punitive damages. Compensatory damages are actual losses that you suffered. In a sexual abuse case, compensatory damages may include:

Medical Expenses

If your sexual abuse required you to be hospitalized, you can seek reimbursement for these costs. Medical expenses may include ambulatory services, emergency room visits, surgeries, procedures, and home modifications. Your attorney will most likely calculate the cost of any anticipated (future) medical bills as well.

Lost Wages

If you had to miss work due to your injuries or from psychological trauma associated with the sexual abuse experience, you may be entitled to compensation for lost income.

Pain and Suffering

There is no way to entirely compensate for the emotional trauma that you have experienced. However, you may be eligible to recover pain and suffering damages if emotional suffering has affected your quality of life.

Punitive Damages

Punitive damages, on the other hand, are intended to punish the defendant for egregious behavior. Punitive damages are generally awarded if a victim has recovered compensatory damages, not instead. Also known as exemplary damages, this category of damages is awarded if a jury believes that compensatory damages on their own are insufficient.

While the standard of proof in civil suits is by preponderance of the evidence, meaning that it is “more likely than not,” the same does not apply to be awarded punitive damages. According to California Civil Code § 3294 CC, the plaintiff will recover punitive damages if there is clear and convincing evidence that the defendant acted with oppression, fraud, or malice.

Unlike some states, California does not impose a cap on the amount of punitive damages you can be awarded in a personal injury lawsuit.

Speak with a California Sexual Abuse Victim Attorney Immediately

In California, you have two years to file a personal injury suit. If you have been the victim of sexual abuse, there is no time to waste. Contact our legal team today online or by calling 805-643-5555 to schedule your complimentary consultation.