Surviving sexual assault is one of the most painful and life-altering experiences a person can endure. Beyond the physical trauma, survivors often face years of emotional distress, financial hardship, and societal stigma. At West Coast Trial Lawyers, we stand with survivors of sexual violence and are dedicated to helping them reclaim their voice and their future through the civil justice system.
Our sexual assault attorneys understand that no two cases are the same. Some survivors want to remain completely private while others want their stories to be heard. Our mission is to protect your rights, empower your decisions, and pursue the justice and compensation you deserve. Whether your case involves an individual offender, a workplace, a school, a rideshare driver, or another institution that failed to protect you, we are ready to fight for you every step of the way.
Contact West Coast Trial Lawyers today for a free consultation at (213) 927-3700 or submit your case through our secure online form.
Why Choose West Coast Trial Lawyers
Choosing the right attorney after a sexual assault is a deeply personal and critical decision. At West Coast Trial Lawyers, we combine trauma-informed advocacy with the aggressive representation necessary to achieve maximum compensation. Here is why clients choose us for their cases:
- Proven Results- With over 25 years of extensive experience, the firm has recovered over $1.7 billion for our clients.
- Client-Centered Approach- From the moment clients sign with us, we handle every case confidentially and create a personalized strategy to ensure your chances of justice.
- No Fees Unless We Win- We operate on a contingency fee basis, meaning you pay nothing unless we obtain a settlement or verdict.
- Communication You Can Depend On- When clients sign with WCTL, they have direct access to their attorney and will be able to talk to them no matter the time and day.
- Free and Confidential Consultations- We understand how difficult it may be coming forward and our team of attorneys will hear out your concerns and assess your situation from a legal standpoint.
Understanding Sexual Assault
Sexual assault refers to any unwanted sexual act committed through force, coercion, or without consent. Due to the nature of unwanted sexual contact, there are different degrees of sexual assault and each degree carries serious legal consequences outlined in state law. It is important to note that sexual assault is both a criminal offense and a civil wrong, meaning survivors can pursue financial compensation in addition to criminal justice.
A civil lawsuit may cover therapy costs, medical expenses, emotional distress, loss of income, and punitive damages against the perpetrator or negligent institutions (e.g., schools, employers, or property owners). However, depending on the nature of the incident, strong evidence may be required in order to pursue the claim.
How Often Does Sexual Assault Happen?
Sexual assault is tragically widespread across the United States, and California reports some of the highest rates in the nation. According to an extensive report from RAINN (Rape, Abuse & Incest National Network):
- Every 74 seconds, someone in the country is sexually assaulted.
- More than 423,000 victims experience rape or attempted rape each year in the U.S.
- 1 in 6 women and 1 in 33 men have been the victim of an attempted or completed sexual assault in their lifetime.
- 68.5% of sexual assaults that occur at or near the victim’s home or their relative’s home
These statistics reflect only the reported cases, meaning the real number is likely much higher. Emotional, psychological, and social barriers often silence survivors, making it incredibly difficult to speak up when they fear that their voices will not be believed or bring justice.
Types of Sexual Assault Cases
Sexual assault can take many forms from physical to verbal to even digital. Each form carries its own legal complexities, evidence requirements, and emotional consequences. At West Coast Trial Lawyers, our experienced team of sexual assault attorneys handle every type of sexual assault and abuse claim in California.
Rape
Rape is defined under California Penal Code § 261 as non-consensual sexual intercourse accomplished by force, violence, duress, menace, or fear of bodily injury. Rape may also occur when the victim is unconscious, asleep, or intoxicated and cannot give consent. These cases frequently arise in nightlife settings, college campuses, and rideshare situations.
Cases involving a minor under 18 is when it becomes statutory rape as per Penal Code § 261.5, and these cases can hold both the perpetrator and any negligent institutions accountable for their actions and compliance. For instance, teachers, coaches, supervisors, or mentors exploiting positions of authority can be charged with these crimes regardless of consent.
Sexual Battery
Sexual battery, under California Penal Code § 243.4, involves the non-consensual touching of another’s intimate parts for sexual arousal, gratification, or abuse. Sexual battery may occur in public spaces, workplaces, healthcare facilities, or within families and victims may take legal action towards the responsible parties, but also third parties such as employers, property owners, or schools that failed to prevent foreseeable harm.
Lewd or Lascivious Acts with a Minor
Under California Penal Code § 288, lewd or lascivious acts refer to any sexual act involving a child under the age of 14. The law punishes not only physical contact but also grooming behaviors, manipulation, and exploitation by authority figures. Victims can bring civil claims against individuals and institutions that failed to protect them from abuse.
Internet and Digital Sexual Assault
In the digital age, sexual violence has expanded into online spaces, which makes it difficult to press charges. However, California Civil Code § 1708.85 makes it illegal to intentionally distribute intimate images or videos without consent, this act is most commonly referred to as “revenge porn.”
Digital sexual assault also includes acts such as:
- Non-consensual recording or live-streaming of sexual acts
- Cyber harassment and sexual extortion (“sextortion”)
- Threatening to share private content without consent
- Online grooming or coercion of minors
How Long You Have to File a Sexual Assault Claim
No matter where you are in the country, sexual assault victims must file their claim within a timely matter or else the statute of limitations will take into affect. In California, sexual assault victims are allowed to file a civil lawsuit within 10 years of the last act of assault or within 3 years of the date they discovered the act, as per California Code of Civil 340.16.
This window is largely due to the state’s stance on sexual assaults and its efforts to combat these types of crimes. In addition, thanks to legislative reforms like Assembly Bill 218 and Assembly Bill 2777, additional provisions have been implemented such as sexual assault cases involving the following:
- Minors- Child victims who were abused before January 1st 2024 have until their 40th birthday or 5 years after discovering the abuse’s impact to file a claim. Those who were assaulted 2024 will be able to file a claim any time and will not have to worry about the statute of limitations.
- Revival Window- Survivors of sexual assault that occurred on or after January 1, 2009, have until December 31, 2026, to file claims that were previously time-barred.
While these deadlines can sometimes be complex, especially when trauma or repression has delayed recognition of harm. Speaking with an experienced attorney ensures you don’t miss your opportunity for justice.
How Other States Handle Sexual Assault Cases?
Due to the nature of sexual assault cases and the nation’s criminal justice system, every state handles these types of cases differently and it’s useful to understand how they would process these claims especially if the incident spans state lines or involves travel.
- Nevada- Sexual assault lawsuits in Nevada are outlined under NRS §200.366 and state that there are no statutes of limitations for childhood sexual abuse claims and allows survivors to file civil claims within 10 years of the assault or discovery of injury under Nevada Revised Statutes (NRS) § 11.190.
- Arizona- The state defines sexual assault under A.R.S. §13-1406 and outlines how criminal prosecutions for many felonies have a 7-year limitation period and 2 years for civil personal-injury claims by adult survivors. However, recent reforms under SB 1260 opened a temporary revival window in 2019 for survivors of childhood sexual abuse.
- Washington- Adult civil claims may fall under 2 years or 3 years (other personal injury) depending on the nature of the claim as per RCW 4.16.100 and 4.16.080. However, Washington recently updated RCW 4.16.340 to eliminate the time limit for intentional childhood sexual abuse occurring on or after June 6, 2024.
While it may be difficult to keep up with these changes, knowing the exact deadline in your case can help you plan accordingly to ensure those responsible are held accountable. However, it is highly recommended to talk to a lawyer immediately to get the legal assistance you need. d
Does a Sexual Assault Case Have to Go to Trial?
A sexual assault case does not necessarily mean it has to go to trial, because most sexual assault civil cases in California are resolved through confidential settlements outside of court. This allows survivors to maintain privacy and avoid public testimony while still achieving justice. However, if the opposing party refuses accountability or offers an unfair settlement, then it would be highly recommended to take the case to trial.
What To Do If You Are a Victim of Sexual Assault
If you’ve experienced sexual assault, just know that you are not alone and you have options. Here’s what you can do:
- Seek Immediate Medical Attention- Visit a hospital or sexual assault response center to treat injuries and preserve forensic evidence (rape kit).
- Report the Assault (if ready)- You can file a police report or speak confidentially with a licensed professional because reporting can strengthen your case, however, it is not required for civil action.
- Preserve All Evidence- Save text messages, photos, clothing, and communications. Do not delete anything that could prove non-consent or coercion.
- Contact a Sexual Assault Lawyer- An experienced attorney can help you understand your legal rights, coordinate medical and therapeutic support, and take immediate steps to preserve your claim.
- Prioritize Your Healing- The civil process can run parallel to your emotional recovery. As such, it is important to find attorneys who will ensure that the legal process works at your pace, not the system’s.
West Coast Trial Lawyers Will Fight For You
If you or someone you know have been sexually assaulted, it is vital that you take action as soon as possible to hold those responsible accountable for their actions. At West Coast Trial Lawyers, our attorneys are relentless in pursuing justice for survivors of sexual violence. We hold individuals, corporations, schools, and employers accountable when they fail to prevent or address abuse.
We treat every client with respect, confidentiality, and compassion and our legal team will investigate your claim, gather evidence, work with expert witnesses, and build the strongest possible case for compensation. You deserve to be heard, believed, and compensated for what was taken from you. We will fight to make that happen.
Contact West Coast Trial Lawyers today for a free and confidential consultation at (213) 927-3700 or submit your case through our secure online form. We are available 24/7, and you pay no fees unless we win.
