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If you’re thinking about filing a sexual abuse lawsuit in the Bay Area, you may be wondering about your chance of winning. Civil litigation allows you to pursue financial compensation and third party liability. You’ll be faced with many decisions in a civil lawsuit—the first, but not the least of those decisions, being who to choose to represent your case.

You may have noticed there are large, national law firms that claim big wins in sexual abuse lawsuits, and wonder: Are these really the best experts to handle my case? Or would I be better served with a local boutique firm? In this article, you’ll learn why you should work with a sexual abuse lawsuit attorney in the Bay Area.  

The Benefits of Working with a Local Boutique Law Firm

There are several benefits when it comes to working with a local boutique law firm, such as:

• flexible appointments, with the ability to meet face-to-face in a comfortable atmosphere
• personalized attention and timely communications
• thorough case evaluations, with the power of local investigation and witness examination
• specialization in a niche, rather than broader—sometimes unrelated—case experience
• deep understanding of California State law and court opinion, which is unlike other locales
• familiarity with police, defense attorneys, court staff, and magistrates involved in the case

When it comes to advertisements for national sex abuse attorneys, they may feature familiar faces and lawyers dressed in expensive suits. But, bigger and more widely known doesn’t necessarily mean better. The larger national firms simply can’t offer the attention, familiarity, and personal connections that a sexual abuse lawsuit attorney in the Bay Area has to offer. When you add extensive experience and knowledge of sexual abuse and sexual assault specifically, there is no question that local attorneys are the best choice for the most effective legal representation.

High-Profile Sex Abuse Cases Won by a Bay Area Law Firm

While past results are no guarantee, you may take some comfort in knowing Lewis & Llewellyn, a boutique Bay Area sexual abuse law firm, has presided over a number of sex abuse case wins right in your backyard:

• $2.83 million: In this settlement, a sexual abuse survivor took on a California school district and three former administrators for their parts in allowing enduring and pervasive sexual abuse by a former teacher and another staff member (who also victimized three others).
• $1.35 million: We settled claims of negligence, intentional infliction of emotional distress, and fraudulent concealment against a school district for their administration’s part in allowing a janitor to molest a seventh grader and at least one other student.
• $1.2 million: This school district agreed to pay a substantial settlement after we revealed they had knowledge of the perpetrator’s disturbing behavior as far back as 2006, but allowed him to molest at least 11 students between 2007-2013.

We Connect Sexual Abuse Survivors With Local Resources

Some people think lawyers are only concerned with filing paperwork and crafting winning legal strategies, but this is only part of what we do at Lewis & Llewellyn. As a small boutique law firm in San Francisco, clients are our team’s first and foremost concern.

Sexual assault and sexual abuse cases in particular place a high value on “the cooperative witness.” These cases take an enormous mental and emotional toll on plaintiffs—more so than almost any other type of litigation. Therefore, we begin with helping our clients find a path toward healing, so they can feel strong enough to endure the rigors of settlement talks and potentially a trial before judge and jury.

Helping our clients find the best possible care incidentally helps build stronger cases. Our hope, after all, is that we’ll secure maximum compensation for your case, so you can continue to receive the help you need as long as you require.

Child Victims of Sexual Abuse and Assault in San Francisco

We take particular care and concern when it comes to the youngest victims of abuse. The wrong type of questioning and treatment can cause further harm to a child and destroy a case. CALICO, the Child Abuse, Listening, Interviewing, and Coordination center, is one of the organizations we work with to protect child victims of sex abuse.

Partner Ryan Lewis is a board member of this group focused on coordinating the first and most crucial stages of recovery. With the help of skilled clinicians, child welfare workers, specially trained law enforcement officers, and prosecutors, we use proven methods of eliciting compelling testimony from children and helping them process what has happened in a way that leads to recovery. We provide parents and guardians with resources and support to help the entire family along a path to greater wellbeing following trauma.

Free Consultations & Local Advocacy

One of the reasons people file civil lawsuits is in hopes of recovering compensation for financial losses they have suffered. Hospital visits, doctor’s appointments, therapy sessions, medications, lost time off work, disability status, and difficulty with day-to-day functioning are all adverse effects of sexual assault or abuse.

Recognizing this sensitivity among our client base, our fee schedule is unlike other types of attorneys. In fact, our law firm works on a contingency basis only, meaning that we provide free consultations and all legal work is done at no upfront to you. If we lose the case, you walk away in the same financial position you were before. If we win a settlement on your behalf, we ask that you pay an arranged legal fee out of the secured compensation.

When you win with our sexual abuse attorneys, the whole community benefits. The partners at Lewis & Llewellyn believe very strongly in giving back and supporting local communities to make better, safer environments for individuals, children, and families. We financially support the following local charities and organizations that bring greater good to the Bay Area:

• CALICO
• Equal Rights Advocates
• Joyful Heart Foundation

Many survivors of sexual abuse find that getting involved with a greater cause to enact more widespread change is a powerful step in their healing process.

Sexual Abuse Lawsuit Attorneys Proudly Serving the Bay Area

We are proud to call the San Francisco Bay Area home. Our Bay Area sexual abuse litigators provide access to expert representation for over 7 million local residents. We handle claims in seven counties and over 101 municipalities:

Even if you don’t live in the Bay Area, you can still work with our team of experienced sexual abuse attorneys. The attorneys at Lewis & Lewellyn can help you obtain compensation for your losses to ensure you have all the resources you need to continue on a path toward healing. Filing a civil lawsuit can never erase the pain you have endured, but together we can hold those who hurt, those who aid, and those who turn a blind eye accountable, as allowed by law.  

DISCLAIMER: The information in this blog is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this blog or on this website should be construed as legal advice from Lewis & Llewellyn LLP. Neither your receipt of information from this website, nor your use of this website to contact Lewis & Llewellyn LLP creates an attorney-client relationship between you and the firm or any of its lawyers. No reader of this website should act or refrain from acting on the basis of any information included in, or accessible through, this website without seeking the appropriate legal advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s jurisdiction.

Sexual harassment and sexual assault can occur in any workplace, whether it’s in the office of a private employer or a public employer like the state or federal government. Despite the progress made in the last two decades to end gender-based attacks, the reality is that workplace policies, laws, and reporting systems are slow to catch up to public sentiment. The more pressure that is applied to antiquated laws and predator-shielding practices, the more likely change is to occur.

Title VII of the Civil Rights Act of 1964 makes sexual harassment at work illegal, upheld by the federal courts and the U.S. Equal Employment Opportunity Commission (EEOC) as a form of sex discrimination. Every employee should have the right to a safe and hostility-free work environment. If you work for the government, you have rights and protection against sexual harassment just like everyone else—even if the person who assaulted you happens to be rich, powerful, and on the government payroll.

In this article, you’ll learn:

• what constitutes sexual harassment in the government
• steps to take if you were sexually assaulted by a politician
• factors to consider when suing a politician for sexual assault
• which third parties may be liable for sexual assault by a politician
• where to find an attorney willing to file your politician sexual assault claim in California

What Constitutes Sexual Harassment in State or Federal Government?

According to the EEOC, it is sexual harassment when an employee:

• makes comments or demonstrates conduct based on a sexual nature
• participates in conversation or conduct that is not welcome by the recipient
• continues conduct even after the coworker asks that he or she stop
• is a supervisor making advances on a subordinate
• engages in a severe or pervasive pattern of unwelcome conduct

The EEOC has deemed acts such as shoulder rubs, hugs, and looking up a woman’s skirt to be sexual harassment or assault among others. Offers of “quid pro quo” promotions in exchange for sexual favors or denial of a promotion due to a rebuffed sexual advance are also considered illegal.

What to Do If I Was Sexually Assaulted or Harassed by a Politician?

Knowing that what happened to you was a direct violation of the law offers some consolation, but what steps do you take next? If you are considering filing a sexual assault lawsuit, you should:

• Make a detailed record of what happened. Memories fade and lose detail over time or under pressure. Lawsuits can be a long process. You want to make sure the incidents are as precise as possible. Write down dates, times, places, witnesses, and how you were impacted—whether it was taking sick leave, seeing a doctor for sleeping problems, or anxiety attacks during intimate situations. Write down whether you told anyone and how they responded.
• File an EEOC complaint. If you wish to seek compensatory damages, you must first file an EEOC complaint within 45 days of the most recent harassment, assault, or discrete act (such as non-promotion or a change of duties). The agency must then take action to transfer or suspend the offender to protect you. The EEOC will commence their investigation within 10 days. If they find reasonable cause to believe sexual harassment or assault has occurred, you will be contacted with further information on how to proceed.
• File your lawsuit. If the EEOC cannot find reasonable cause of discrimination, they will issue you a dismissal, which informs you of your right to file a lawsuit in federal court within 90 days from the date of receipt. If the EEOC found reasonable cause, but you could not reach a reasonable settlement in conciliation, you will also receive the right to sue in federal court.

Who Is Liable When a California Politician Sexually Assaults Me?

When you file your politician sexual assault lawsuit in civil court, you may name more than the individual assailant if outside liability exists. All federal and state government agencies are required by law to have sexual harassment policies that include:

• which actions, comments, and behaviors are considered sexual harassment
• a pledge that government employees who complain of sexual assault are protected from retaliation
• a clear description of the EEOC complaint process and a pledge of an impartial investigation
• a statement that the agency will take immediate corrective action if they believe harassment occurred
• consequences for agencies that fail to develop a formal policy in writing or fail to post or distribute materials to all employees

State and federal governments may also be held liable for:

• failing to follow proper protocol for investigations and responding to complaints in a timely matter
• failing to prevent the accused from interacting with the accuser or engaging in retaliatory practices
• negligently hiring someone with a criminal background that includes sexual assault or harassment

Should I File a Lawsuit Against a Politician for Sexual Assault?

The decision to file a lawsuit against a politician is never easy. As you may suspect, it can be an uphill battle to prove any claim of sexual assault, especially since so much happens behind closed doors, without any other witnesses. The best way to know for sure if a lawsuit could benefit your situation is to speak with a qualified attorney specializing in sexual assault cases or business law. Lawyers consider many factors in determining whether justice would best be served up with a lawsuit, including:

• The nature of the claim: Are the comments and behaviors so inappropriate they warrant action?
• The measure of damages: Was your life severely impacted by what happened to you?
• The objective: Is there an absence of vengeance, political motive, or malice?
• The reasonableness: Are you seeking fair and just compensation, rather than total ruin?
• Evidence: Are there police reports, rape kits, surveillance, or other evidence to back the claim?
• Investigation: Is it possible to gain additional evidence at a reasonable cost to the firm?
• Commitment: Are you likely to stay the course, or might you decide to drop the charges?
• Adversary: Can the defendant be cast in a less favorable light? Will the defendant counter-sue?
• Likelihood of compensation: Does the defendant have the means to pay the settlement or award?
• Third-party liability: Can larger organizations or institutions be held responsible for your losses?
• Options: Is it possible to negotiate a favorable arbitration or out-of-court settlement instead?
• The court: Will your claim be heard in a quality courtroom, known for fair and sympathetic judges?

A good lawyer will honestly review the facts of your case, help you explore all legal options, and give you an idea of your chances of success based on experience.

Will the Politician Defendant Counter-Sue?

One of the fears you may have is that the politician you’re suing may counter-sue for defamation. This happened when a female lobbyist accused a California state assemblyman of pushing her into a bathroom and touching himself. When new evidence emerged, he appealed the findings. When the appeal was denied, he filed a defamation lawsuit against his accuser, which is still pending in court.

However, the assemblyman’s counter-suit is more the exception than the rule. Politicians are held to a significantly higher standard than ordinary citizens. To prove defamation, a politician must establish facts based on a preponderance of the evidence that:

• The defendant published a false statement.
• The statement has the power to damage the plaintiff’s reputation.
• The statement caused economic loss, physical harm, or psychological harm.

Everyday citizens can prove defamation by making the case that the false statement was made negligently, whereas politicians must prove that the alleged defamation was made “with actual malice”—with the knowledge that the statement was false or with reckless disregard of whether it was false or not.

Let an Experienced San Francisco Attorney Fight for You

While you are not required to work with a lawyer to file an EEOC complaint against politician sexual assault, having a knowledgeable attorney there to stand behind you can be an empowering feeling. A politician is a formidable adversary, but it’s not impossible to hold these individuals accountable for their behavior.

At Lewis & Llewellyn, we understand what is required to prevail in a civil lawsuit against a powerful and well-funded institution such as a government agency. All of our lawyers come from the nation’s top law schools and have years of experience litigating high-profile cases at some of the world’s most respected law firms. Simply put, we are not just another run-of-the-mill personal injury law firm that also handles automobile accidents or slip and fall cases. We are a high-powered civil litigation boutique that routinely represents some of the most prestigious and successful companies in the world.

DISCLAIMER: The information in this blog is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this blog or on this website should be construed as legal advice from Lewis & Llewellyn LLP. Neither your receipt of information from this website, nor your use of this website to contact Lewis & Llewellyn LLP creates an attorney-client relationship between you and the firm or any of its lawyers. No reader of this website should act or refrain from acting on the basis of any information included in, or accessible through, this website without seeking the appropriate legal advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s jurisdiction.

The #MeToo movement has been instrumental in creating a safe space for victims of sexual harassment and sexual assault to come forward. In the film industry, modeling agencies, corporations, and schools, many of the cases of sexual harassment, assault, and abuse have one thing in common: abuse suffered at the hands of someone in power. Sexual abuse in the music industry is no different.    

Sexual abuse that occurs where someone in a position of authority has abused their power and trust doesn’t have to be accepted. The law is very clear: rape, forced sexual interactions, and any sexual contact between adults and minors are crimes against society. If someone in the music industry has sexually abused you, you may have grounds to file a civil lawsuit against the perpetrator and possibly against their enabling record label.

Recent Stories Involving Sexual Abuse in the Music Industry

Stories involving sexual abuse in the music industry have begun to make headlines in recent news.  

• As a survivor of sexual abuse herself, Lady Gaga spoke out in support of fellow singer Kesha during a deposition against Dr. Luke, a music producer. Kesha accused the producer of sexually assaulting her after a party. The legal dispute is still ongoing.  
• Robert Sylvester Kelly, known as “R. Kelly,” has denied allegations of sexual misconduct with minors for decades, but accusations have finally caught up to him. He faces 10 counts of aggravated sexual assault involving four minors, according to the February 2019 indictment.
• A New York Times article described Ryan Adam’s disturbing pattern of offering career opportunities to aspiring musicians, pursuing sex, and subjecting women to emotional abuse when his advances were rejected.
• Daniel Hernandez, also known as rapper Tekashi 6ix9ine, pled guilty to three counts of using a 13-year-old girl in a sexual performance in 2015 and was sentenced to four years of probation.
• Digital Music News published a list of “Every Musician and Music Executive Facing Abuse Allegations in 2018,” which includes 20 high-profile names, including hip hop mogul Russell Simmons, E! News correspondent Ryan Seacrest, and former Epic Records executive L.A. Reid.

Many of the stories involving these high-profile celebrities have similar plots. USA Today tells the story of a budding vocalist raped by a music producer. “With these producers, they’re putting you in rooms that you’ve dreamed of. You’re in the studio with artists like… Lil Wayne, you’re seeing T-Pain, you’re seeing Beyonce. You’re just seeing all these people stop by,” the aspiring vocalist told the news outlet. “So, you’re like, ‘OK, this person is a little creepy, but I have to be here… I’m in the right place, I just got to maneuver around this person’s creepiness. I got to figure out how to dodge the bullet.’ And you’re dodging somebody who is set out to abuse you.”

Steps to Take After an Incident of Sexual Assault

If you have been sexually assaulted by someone in the music industry, here are a few steps to take:

Get Help: Call 9-1-1 if you are in immediate danger. To file a formal report, call the local police department. If you feel you need additional assistance, contact a counselor.  

Get Evidence: Seek medical attention at a local hospital that does forensic medical exams. Take photographs of bruises, torn clothing, and any other indication of struggle. Keep in mind, depending on where the lead up to assault took place, there may be surveillance footage to corroborate parts of your story. Working with an attorney right away can ensure the tapes are not erased. Get the names and contact numbers of any possible witnesses if you can. Start maintaining a daily journal of your physical symptoms, how you’re feeling, and what you’re thinking to document your mental state.  

Press Criminal Charges: If your goal is to put the perpetrator behind bars, tell the police you’d like to press charges, if possible. Ultimately, it will be up to a district attorney to determine whether there is enough evidence to convict the perpetrator beyond a reasonable doubt. A guilty verdict could lead to prison time, probation, fines paid to the state, and registry on the state sex offender list.

File a Civil Lawsuit: If you were physically injured or emotionally damaged by what happened, you may contact a civil attorney to file a lawsuit seeking compensation for your losses. A legal team can investigate further into what happened to you. Often, third-party liability may be ascribed—such as holding a record label accountable for the sexual abuse by their artist.  

Can the Record Label Be Held Liable for Sexual Abuse by a Musician?

It’s certainly not an easy case to make—that the record label is directly responsible for their independent contractor’s behavior. There is little, if any, direct legal liability ascribed to the musician-record label relationship. That said, fans do exercise considerable power over music labels to dump notorious artists. Music bans by radio stations and boycotts by fans often hit record labels where it hurts. Without avenues to publish new music, songwriters have trouble continuing with their careers and using their celebrity status to lure new victims.

Sometimes a strong claim can be made that record label executives knew (or should have reasonably known) sexual assault was being committed by artists on their roster, but they failed to act. As in any business relationship, record labels have a legal obligation to investigate the claims internally and reprimand artists who are using their positions of power and affiliations with the organization to groom victims and commit crimes.

Record labels may have “right to terminate” stipulations expressed in their contracts for cases where an artist is convicted of a crime. However, in the absence of such provisions, music artists who feel unjustly wronged could, in theory, sue the record label for damages like “emotional distress” caused by the termination. In addition, franchise artists with a lot of support from other artists and players within the industry could cause the label to lose some leverage. In the cases of R. Kelly and Adam Grandmaison, the record labels that once supported them did eventually opt to part ways, rather than send the message they tolerate sexual assault and misconduct as long as it profits them.

The case for liability is much clearer, in a business context, when the perpetrator is harassing fellow employees. For instance, Republic Records—home of Lorde and Ariana Grande—bid adieu to president Charlie Walk after conducting their own internal investigation following reports he was making lewd comments, exposing himself, and inappropriately touching coworkers. Under civil rights law, all businesses have a duty to maintain a workplace environment that is free from sexual discrimination and harassment.   

In the future, with increasing public pressure and legal pressure, we’re likely to see clearer contract terms related to proper behavior and general decency for artists, employees, managers, agents, and producers, say music attorneys.  

Let an Experienced Sexual Abuse Attorney Fight for Your Justice

Criminal charges may only hold a single person accountable for sexual abuse, but civil law allows for many others to be held liable. There are many different laws that attorneys can pursue to hold record labels accountable for their actions or inactions. For this reason, it is imperative that you find a law firm with particular expertise in litigating sexual abuse cases relative to the music industry. An experienced sexual abuse attorney will know exactly who to sue for sexual abuse in the music industry.

DISCLAIMER: The information in this blog is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this blog or on this website should be construed as legal advice from Lewis & Llewellyn LLP. Neither your receipt of information from this website, nor your use of this website to contact Lewis & Llewellyn LLP creates an attorney-client relationship between you and the firm or any of its lawyers. No reader of this website should act or refrain from acting on the basis of any information included in, or accessible through, this website without seeking the appropriate legal advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s jurisdiction.

It may seem like the police are “above the law” but they, too, can be held liable for sexual assault in civil court. In fact, a civil lawsuit allows you the ability to sue more than the officer(s) who assaulted you, including other officers who turned a blind eye or deliberately covered it up. It’s not an easy battle to fight, but finding the right attorney who isn’t afraid to go up against a police department—or city—can be the first step in obtaining the justice you deserve.

Police Sexual Assault in California

In February of 2018, two Los Angeles police officers pleaded no contest to sexually assaulting multiple women, often preying on the victims while one partner served as the lookout and the other carried out an attack in their unmarked police car. In 2016, the Los Angeles County district attorney’s office had filed more than a dozen felony counts against the men, alleging they targeted multiple women from 2008 to 2011 by forcing them to have sex.

After entering their no-contest pleas to two counts each of forcible rape and two counts each of forcible oral copulation, the judge handed down each man a 25-year term in state prison. The judge also ordered the officers to register as sex offenders. If tried and convicted, the men had faced a maximum penalty of life in prison.

All four women who accused the men of forcing them to have sex filed civil lawsuits. The city of Los Angeles agreed to pay the first victim $575,000, the second $750,000, the third $450,000, and the latest victim $1.8 million. The fourth woman’s payout was significantly higher due to the nature of the assaults and because the criminal case had wrapped up, resulting in a conviction.

You, too, can work with an experienced attorney to obtain a recovery on your behalf.

What Type of Recovery Can Be Obtained From a Police Sexual Assault Lawsuit?

Plaintiffs in police sexual assault lawsuits may be awarded:

• civil rights damages for sexual discrimination inflicted upon them by the assaulting officers
• actual compensatory damages for medical and therapy bills, lost wages, and other related expenses
• estimated non-compensatory damages for pain and suffering, including emotional distress
• punitive damages aimed at punishing the defendants in cases of gross negligence or intentional harm

Since so few victims of sexual assault have visible physical injuries and costly medical bills related to the offense, the bulk of damages you collect will likely be related to “pain and suffering” and “emotional distress.” Your attorney will focus on building a case that the officer’s conduct was extreme, outrageous, reckless, and intentional, while simultaneously building a case that this conduct caused severe and lasting emotional distress. Officers can be charged with intentional or negligent infliction of emotional distress.

Who Can I Sue For Police Sexual Assault?

There are two ways to pursue justice against a police officer: pressing criminal charges and filing a civil lawsuit. In order to have an officer arrested, you must appeal to the state district attorney’s office. The district attorney will investigate the charges and determine whether to make an arrest or not. You may be called upon as a witness to the “crimes against the state,” but not necessarily. The end result could lead to jail time, fines paid to the state, probation sanctions, and state sex offender registration. You may choose only to pursue criminal punishment or you may also pursue personal compensation by filing a civil lawsuit. Even if your criminal case falls flat in court, you can still win a civil case.

In civil court, you may also expand the scope of liability beyond the perpetrating officer(s) to include:

• the police department supervisors who were directly involved in covering up the incident
• the government that insures and employs the police officers (and has the means to pay)

You are subject to stricter rules under the California Tort Claims Act when suing a government entity such as a police department. Most notably, your deadline for filing is much shorter than with a typical sexual assault case.

Statutes of Limitations and Other Deadlines

The clock starts ticking as soon as the sexual assault occurs. Here are some deadlines to consider:

• 12-24 Hours: There may be a chance that the officer’s actions were captured on surveillance or dash cams. Most tapes are on an erasing loop every 12-24 hours. Private businesses may not be quick to turn over their tapes, so you will need an attorney who demands it. The sooner you get to crucial evidence like this, the better!
• 72 Hours: Immediately after an attack, head straight to a local hospital that provides a sexual assault forensic medical exam—also known as a rape kit—to have medical evidence collected and receive verifiable treatment for any acute injuries. DNA evidence needs to be collected within 72 hours in order to be analyzed by a crime lab—but a sexual assault forensic exam can reveal other forms of evidence beyond this time frame that can be useful if you decide to report.
• 100 Days: California police and state officials may destroy 9-1-1 emergency dispatch and police radio transmissions after 100 days, under California Government Code 34090.6. The government is obligated to keep these tapes longer if a tort claim has been filed.
• Six Months: California Government Code 910 requires that you file a “notice of claim” within six months from the date of the incident, stating your demands and preserving your right to file a lawsuit later on. Once you file a notice of claim, the municipality will have up to 45 days to respond. If the municipality accepts your claim, you may then file your lawsuit within six months of the response. If the municipality rejects it, you may still appeal.
• Two Years: If you neglect to file a tort claim on time, you may still be eligible to file a federal civil rights action within two years of the incident in the state of California.

Statute of limitations defenses are among the most common reasons for a lawsuit to be thrown out of court without a chance, so it is very important that you speak with an attorney as soon as you can. There are certain acceptable exceptions and tolling provisions, though they may be difficult to argue. If you were mentally incapacitated or incarcerated following the incident, you may receive additional filing time.

How California Sexual Assault Attorneys Can Help

If you were a victim of police sexual assault it’s understandable why you may be hesitant to come forward. While you seek justice, the police department’s goal may be to protect the reputation of its police force. Large organizations may try to silence survivors or turn a blind eye to sexual assault but a passionate attorney won’t stop fighting until justice is served. If you’ve decided to pursue litigation, an experienced legal representative can act as your advocate, providing counsel and empowering control over the course of the proceedings.

DISCLAIMER: The information in this blog is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this blog or on this website should be construed as legal advice from Lewis & Llewellyn LLP. Neither your receipt of information from this website, nor your use of this website to contact Lewis & Llewellyn LLP creates an attorney-client relationship between you and the firm or any of its lawyers. No reader of this website should act or refrain from acting on the basis of any information included in, or accessible through, this website without seeking the appropriate legal advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s jurisdiction.

A Los Angeles man was convicted of molesting three women and a teenage girl on the Metro Red subway line between July and December last year. According to the LA Times, the man had five previous convictions for similar assaults on transit in Culver City, Norwalk, and the Long Beach Metro Blue Line, which makes you wonder how he was allowed to board the trains at all.  

The 26-year-old assailant was sentenced to more than a year in county jail and three years of probation. He is barred from riding metro trains or coming within 100 yards of a station. As part of his sentence, will be placed on the state’s sexual offender registry and must complete a year-long sexual offender treatment program.

Unfortunately, sexual assault on public transport is not an isolated incident in California. It’s a pervasive problem that is beginning to receive widespread attention from authorities who are concerned about public safety and declining ridership. It could be that the number of sexual assaults are rising along with the number of robberies and other violent crimes. Or it could be that more people are reporting now than they were before, emboldened by social media and a changing climate that is more supportive of victims. Either way, collecting information about these crimes is extremely important in preventing future harm.  

As you consider taking legal action regarding an incident of sexual assault, you may wonder what steps to take and who could be held responsible for public transport sexual assault, for example, especially if you don’t know the identity of the assailant. Working with an experienced attorney will guide you through the legal process and answer any questions you have.  

How to Report Sexual Assault on Public Transportation

Victims of public transportation sexual assault have many resources available. If you are a victim or witness of public transportation, you should:

• Call for help. LA Metro riders can dial 1-844-Off-Limits (633-5464) for advice, support, and reporting assistance. Whether you need moral and psychological care or just want to get what happened off your chest, a trained specialist will be at the other end of the line for you. No matter where you are, you can always call the RAINN National Sexual Assault Hotline at 800-656-HOPE(4673) to find support and guidance to local resources.
• Use a reporting app. LA Metro has implemented a new mobile app called Transit Watch to help people connect with sheriff’s deputies’ confidential reporting system. Passengers can file a report and upload photos of the incident. The hope is that more people will report harassment problems, so they have a clearer picture of where the incidents are taking place and who these serial harassers are. The success of the Transit Watch app in LA could lead other municipalities in California and elsewhere to adopt similar technology.
• Find someone local. The 11,000+ LA Metro employees, from janitors and ticket-takers to drivers and security guards, have received formal training on how to handle reports of sexual assault. If you are touched by someone on a bus or train, assault prevention experts recommend “making as big a fuss as possible” to call attention to the perpetrator and signaling the nearest uniformed person to report if you do not have access to a phone.
• Contact a lawyer. Contacting a civil attorney is one of your most powerful resources for taking action. Like reporting to the police, it costs you nothing to do so. Attorneys can help people connect with local resources for immediate medical attention, trauma counseling, and victim advocacy networks. They can work independently, with the local police department, or with the state district attorney to conduct a thorough investigation of what happened, how it happened, and who was responsible.

If you find yourself in a predicament where you don’t know the identity of the perpetrator, don’t worry. A passionate attorney won’t mind investigating to make sure you get the justice you deserve.  

What to Do If You Don’t Know the Identity of the Perpetrator

If you contact a civil attorney who specializes in litigating against incidents of rape and sexual assault, you will tap a vast network of investigative power. Typically, they will work with local law enforcement, transportation companies, area businesses, eyewitnesses, and bystanders in pursuit of the offender—leaving no stone unturned.

In many cases, surveillance videos lead to arrests. For example, after a woman was sexually assaulted at a Santa Ana bus stop near Bristol Street and MacArthur Boulevard earlier this year, it was a surveillance video from a Buffalo Wild Wings that ultimately helped police to catch the unknown suspect. The man had been kicked out of the restaurant for belligerent behavior a few blocks from the attack. The Dallas Cowboys jersey worn in the video matched the victim’s description of her attacker’s clothes. The assault was also captured on the Orange County Transportation Authority’s hidden surveillance camera.    

Another BART rider decided to speak out after receiving widespread support on Twitter after a man masturbated while touching her thigh as she slept on a BART bus. A BART spokesperson confirmed that “all cars have working cameras” and they will pull train car video to investigate reports of sexual misconduct.

While an individual perpetrator is held responsible for the assault, third parties such as the transportation company may also be held liable.  

Sexual Assault on Public Transport and Third-Party Liability

You may be wondering, “Can I sue the transportation company?” Fortunately, civil courts do allow for this expanded scope of liability. Your case against the public transportation company will depend upon the four components of negligence:

• duty: the duty of care from defendant to plaintiff
• breach: a breach of the duty of care
• cause: injuries caused by the breach
• harm: damages resulting from the injuries

Like many states, California follows a “Common Carrier” law, which maintains that “Common carriers must use the highest care and the vigilance of a very cautious person. They must do all that human care, vigilance, and foresight reasonably can do under the circumstances to avoid harm to passengers.”  

A more difficult argument is that the defendant engaged in “reckless” or woefully “negligent” behavior that, in some way, caused or allowed the plaintiff’s assault. The legal angle civil attorneys pursue will be based on the facts uncovered by their investigation.

In sexual assault cases, the injuries are oftentimes emotional and psychological. Seeking care from a medical professional will be important in documenting your injuries. Sexual harassment is aggravating, but it is not considered a crime unless you were, in some way, harmed. In some cases, a lenient judge will permit a tolling of the statute of limitations under the delayed discovery rule if your injuries were not immediately known. You may have up to three years from the realization that your injuries were related to the sexual assault to file a lawsuit.

To avoid any legal dispute, it is crucial that you contact an attorney to discuss your case as soon as possible.

Consult With San Francisco Sexual Assault Attorneys

If you or someone you know was a victim of public transportation sexual assault, don’t hesitate to reach out to a team of lawyers who are ready to fight for the justice you deserve. The assault against you should not go unreported.

DISCLAIMER: The information in this blog is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this blog or on this website should be construed as legal advice from Lewis & Llewellyn LLP. Neither your receipt of information from this website, nor your use of this website to contact Lewis & Llewellyn LLP creates an attorney-client relationship between you and the firm or any of its lawyers. No reader of this website should act or refrain from acting on the basis of any information included in, or accessible through, this website without seeking the appropriate legal advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s jurisdiction.

Over the years, new laws have expanded the rights of sexually assaulted college students and the scope of the Title IX anti-discrimination law has broadened to include a hard stance on sexual assault, adding unavoidable liability for colleges and the organizations they permit on campus.

In this article, you’ll learn how prevalent sexual assault is among Greek life on college campuses, who can be held liable for sexual assault, and the deadlines for pressing criminal charges and/or filing a civil lawsuit in California.   

Statistics Surrounding Sexual Assault Within Greek Life

When it comes to sexual assault on college campuses, Greek life has a leading role.

• According to the National Institute of Justice, 25% of sexual assault victims in one survey were sorority members, which is a “risk factor” for sexual assault.
• Women in sororities are 74% more likely to experience rape than other college women.
• Fraternity men are three times more likely to commit rape than their non-Greek peers.
• In one survey, 6% of men in frats admitted to committing rape, often more than once.
• Sexual assaults accounted for 15% of insurance claims, according to a 2010 analysis by a fraternal insurer.
• One in five women will be sexually assaulted during the four years spent at college.

A longitudinal study published in 2018 by Rutgers University Psychologist Rita Seabrook and colleagues found that “Spending time with peers who are accepting of sexual violence leads men to be accepting of sexual violence themselves.” They concluded that individuals who were interested in fraternities “scored higher on proclivity to perpetrate sexual aggression and some rape myths than non-interested nonmembers,” and the socialization process within fraternities “reinforces feelings of male dominance and control.”

With the amount of data surrounding Greek life sexual assaults, one can only imagine who can be held liable.

Who Is Liable for Sexual Assault Within Frats and Sororities?

Of course, the person who commits the sexual assault is responsible for their own actions—that is the approach the criminal justice system takes. In criminal court, the innocence or guilt of the accused is determined and they are exonerated or punished accordingly. However, the civil courts allow for the expansion of liability to any third party that possesses a standard “duty of care” to the victim.

Potentially liable parties in an incident of Greek life sexual assault may include:

The School: Universities can no longer escape liability. Broader interpretations of Title IX—the 1972 federal law banning sex discrimination in higher education—have made it harder for colleges to take a passive role in rape prevention. Schools that are aware of sexual discrimination have a duty to respond to it.

In one case, four women filed lawsuits against a New Jersey university, claiming that school officials allowed an unsanctioned fraternity known for underage drinking and sexual misconduct access to recruit victims at events on campus. According to the lawsuit, the school had been well aware of the fraternity’s criminal activity for at least eight years, but did nothing to limit sexual predator access to the student body and uphold their duty to maintain “a safe environment, free from sexual discrimination.”

The Greek Organization (local and national chapters) and the Interfraternity Council: Greek organizations have a legal responsibility to enforce their own conduct guidelines and take steps to ensure a safe environment.

A Jane Doe is suing UCLA’s Greek chapters and the council that governs them after she was sexually assaulted at a party. She says the attacker had already sexually assaulted another one of her sorority sisters in 2015, prior to the August 2016 attack—an accusation the university verified. The individual was expelled in 2017, lost his subsequent appeal to return to campus, and was sued in civil court for assault, battery, and intentional infliction of emotional distress.

Greek organizations Zeta Beta Tau and Sigma Alpha Epsilon, as well as the UCLA Interfraternity Council were also charged with “negligence” in the lawsuit. The complaint alleged the fraternity “had no mechanism of supervision or security to prevent a fraternity member from bringing an obviously [intoxicated] girl upstairs and raping her.” The organization should have known that the perpetrator was a serial offender, should have known students were illegally drinking at parties, and should have taken steps to prevent it. Jane Doe also contended that she reported the rape to the ZBT president and a board member—a lawyer who dissuaded her from filing a Title IX complaint.

In response, the Interfraternity Council approved a six-week ban on alcohol at fraternity house events while it devised a new risk-management policy. New rules require a licensed third-party security guard to check IDs at the door and give out wristbands for students who can legally consume alcohol. Fraternity members are barred from bringing guests into private rooms unless space has been reserved in advance. Two sober fraternity members must patrol each party to monitor for drunkenness and ensure safety.     

The Benefits of Suing a Third Party for Sexual Assault

There are many advantages to holding third parties accountable for sexual assault, including:

• encouraged policy changes that make colleges safer
• compensation for damages available from well-funded schools and Greek organizations
• the message sent to schools, frats, sororities and other campus organizations that discrimination is not tolerated

If you wish to send a strong message and pursue justice to the fullest extent of the law, you should contact a civil attorney who specializes in sexual assault cases.

How Long Do You Have to File a Civil Lawsuit or Press Criminal Charges?

Generally speaking, you must file your civil lawsuit within three years of the date you realized the harm you suffered was caused by the sexual assault. Many sexual assault victims do not trace their suffering back to sexual assault for many years due to denial, guilt, shame, or poor recollection.

Emotional harm may not manifest until a major life event triggers anxiety, depression, PTSD, or other side effects much later in life. Some assessments have found that the cost of sexual assault can reach $283,000 over the course of a lifetime. Naturally, you want to ensure you can get the best possible care, should you continue to struggle with the aftereffects down the road.

You may choose to report your crime to the authorities, but ultimately the decision whether to press criminal charges or not will be up to the state district attorney. If there is enough evidence, the perpetrator could end up with a prison sentence, fine payable to the state, probation time, and inclusion on the California sex offender registry.

As of January 1, 2017, the State of California has abolished the criminal statute of limitations for prosecuting rape and other forms of sexual assault with SB 813. Crimes occurring before that date are subject to the old deadlines—within six years of the offense or until age 40 (for minors).

Regardless if you choose to file a civil claim, press criminal charges, or both, an experienced attorney can overcome the obstacles of time to help you obtain the compensation you deserve.

Contact Sexual Assault Attorneys in San Francisco for Help

If you or someone you know has been a victim of Greek life sexual assault, attorneys in San Francisco can help. The attorneys at Lewis & Llewellyn specialize in litigating sexual assault cases and can help survivors connect with medical service providers and counselors, in addition to providing legal representation. We file all the court paperwork, conduct a thorough investigation, devise a winning legal strategy, procure expert witnesses, protect you from witness badgering, represent you in court, and make sure you are justly compensated.

DISCLAIMER: The information in this blog is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this blog or on this website should be construed as legal advice from Lewis & Llewellyn LLP. Neither your receipt of information from this website, nor your use of this website to contact Lewis & Llewellyn LLP creates an attorney-client relationship between you and the firm or any of its lawyers. No reader of this website should act or refrain from acting on the basis of any information included in, or accessible through, this website without seeking the appropriate legal advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s jurisdiction.

Childhood sexual abuse trauma can manifest in various ways; oftentimes, not until years after the abuse has been suffered. With childhood sexual abuse, victims are often too young to know how to express what is happening and how to seek help. When not properly addressed, this can result in a lifetime of PTSD, depression, and anxiety.

In this article, you’ll learn about what you can do about persistent issues related to abuse suffered as a child, deadlines for filing child sex abuse lawsuits in California, what sort of evidence is used in child sex abuse cases, and why so many victims wait so long to report.

What to Do When Childhood Sexual Abuse Trauma Surfaces

The realization of harm caused by childhood sexual abuse trauma can be persistent in the background of your life or it can hit you all at once. Many survivors choose to deal with the emotional fallout on their own, through mental health and/or substance abuse counseling.

When it comes to seeking justice, one powerful path to vindication and recovery is to file a civil lawsuit—not just against the perpetrator directly, but also against those who turned a blind eye to your suffering or who may have enabled the abuser by providing unrestricted, unsupervised access to you. Churches, daycares, youth groups, sports organizations, mandated reporters, school districts, child protective services, and other third parties can be held responsible for their failures and found legally liable for damages to child sex abuse victims.

Filing a lawsuit can’t undo the damage that has been done, but it can provide compensation to cover medical bills, mental health counseling, lost time off work and lost earning capacity, and emotional pain and suffering.

Is It Too Late to Sue for Childhood Sexual Abuse?

Unlike other types of personal injuries, the expenses associated with childhood sexual abuse are rarely immediately evident. The financial burden often comes many years later as survivors suffer difficulty focusing on work or seek mental health counseling for depression, anxiety, and PTSD.

In a perfect world, child sex abuse would be identified immediately, evidence collected, the child protected, the perpetrator taken into custody, and future harm prevented. In reality, litigating child sexual abuse is much more complicated. Every state imposes some sort of deadline for filing to prevent “frivolous” lawsuit filings and protect the accused from having to defend against claims where memory and evidence have faded over time. The statute of limitations in the State of California allows victims of childhood sexual abuse until age 26 (eight years after attaining the age of majority) to file a civil lawsuit.

The deadline for pressing criminal charges ranges from as little as 10 years to an unlimited amount of time, depending upon when the abuse was suffered and what law was in place at that time.

What Is the Rule of Delayed Discovery and How Does It Affect Me?

All hope is not lost for plaintiffs whose traditional statute of limitations have expired. California allows a “rule of delayed discovery,” which is codified in CCP §340.1, stating:

“In an action for recovery of damages suffered as a result of childhood sexual abuse, the time for commencement of action shall be within eight years of the date the plaintiff attains the age of majority OR within three years of the date the plaintiff discovers or reasonably should have discovered that psychological injury or illness occurring after the age of majority was caused by the sexual abuse, whichever period expires later.”

In order to be eligible to file a civil lawsuit, you must receive a certificate of merit from the courts. This document is filed by your attorney and includes a brief review of the facts, along with the name of a licensed mental health practitioner who supports the case. If the judge accepts your reasoning, you will be allowed to proceed with seeking damages through civil court.

What Types of Evidence Are Used in Child Sex Abuse Cases?

You may wonder how cases can be prosecuted so many years after the fact. What will be expected of you? What evidence can your attorneys gather? Or will it all rely on a he said-she said testimony? As you can imagine, your statement will be at the heart of your case. You may not have to testify in court, but you will at the very least need to make a formal deposition in the presence of your attorneys and an official court reporter.

Most successful cases have at least two forms of evidence. The most common types include:

• child disclosure (87%)
• corroborating witnesses (46%)
• offender confession (22%)
• behavioral evidence (20%)
• eyewitness account (18%)
• physical evidence (14%)
• police report (11%)
• medical evidence (9%)
• psychological evidence (4%)

Corroborating witness testimony is especially powerful years later. One study found that perpetrators were nearly twice as likely to be charged in cases which included corroborating testimony. Naturally, a confession is another particularly powerful testimony in court.

Many sex abuse cases happen behind closed doors, without witnesses. In these cases, evidence that can confirm a child’s statement may include:

• developmentally unusual sexual behavior by the victim
• unusual psychological symptoms like severe nightmares and PTSD
• medical evidence from a doctor’s report or material evidence
• similar complaints against the offender from other reported victims

Not to be overlooked, the burden of proof is much lower in civil court than criminal court. If you are pressing criminal charges, the district attorney will need to convince a judge and jury that your version of events is true “beyond a reasonable doubt” (90-100% likely to be true). The guilt or innocence of the defendant is at stake. On the other hand, in civil court, you need only prove that your story is at least 51% likely to be true based on “a preponderance of the evidence.” A civil attorney seeks to prove that the defendant’s actions “likely” caused the plaintiff’s losses.

Work With an Experienced Child Sexual Abuse Attorney

There are many complicated reasons why childhood sexual abuse survivors remain silent for years and later decide to speak up. At a time when the brain is still busy wiring up and one’s identity is still forming, it can be impossible to fully comprehend what has happened until much later. According to Psychology Today, the top reasons people wait to come forward include:

• Shame: Sexual abuse is violating and dehumanizing by nature. The indignity of being a helpless victim to another causes survivors to turn inward or even blame themselves.
• Denial: Minimizing and trying to move on is a natural response to shame.
• Fear: Consequences of speaking up seem to diminish with each passing year. Some victims do not come forward until their situation changes and they feel safe.
• Low Self-Esteem: Some victims do not value their own bodies and take a “Why not?” attitude to the abuse, particularly when drugs are involved. The abuse isn’t obvious.
• Hopelessness: Victims may feel nothing can be gained by coming forward. Or they may feel helpless and unable to endure the rigors of a trial in their vulnerable state.
• History of Abuse: Those who have endured a pattern of abuse, speaking up, and not obtaining justice may be reticent to speak up.
• Lack of Information: Some victims do not know their abuser’s identity until years later, do not realize the abuser has victimized others, or didn’t connect how abuse manifests.
• Disassociation: Victims who were drugged, disassociated, or inebriated at the time doubt their memories and assume others will not believe them on the witness stand.

If you are suffering from childhood sexual abuse trauma, speaking with an attorney can help you on the path to recovery. Whether you are an adult victim or the parent of a victimized child, the aftermath of child sexual abuse may take you through the full gamut of emotions—but you don’t have to go through it alone. An experienced legal representative can act as your advocate, providing counsel and empowering control over the course of the proceedings.

Working with a California attorney who specializes in sexual abuse cases is about more than legal advice and paperwork. Lawyers can also point you in the right direction for seeking medical attention, connecting with crisis social workers and counselors, dealing with insurance issues, and getting your life back in the wake of disturbing events that were beyond your control.

DISCLAIMER: The information in this blog is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this blog or on this website should be construed as legal advice from Lewis & Llewellyn LLP. Neither your receipt of information from this website, nor your use of this website to contact Lewis & Llewellyn LLP creates an attorney-client relationship between you and the firm or any of its lawyers. No reader of this website should act or refrain from acting on the basis of any information included in, or accessible through, this website without seeking the appropriate legal advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s jurisdiction.

Google searches for “What is sexual harassment?” hit a five-year high in the weeks following the NY Times’ Harvey Weinstein exposé. Similar spikes for the terms “sexual misconduct” and “sexual assault” occurred around the same time. In the wake of the #MeToo movement, people are left wondering: What is sexual harassment vs. sexual abuse? What is considered a crime; what is a civil violation; and what is simply inappropriate (albeit legal) behavior? While there are many gray areas, we do our best to separate some of the fact from fiction to give you a clearer picture of how these different issues are addressed and litigated in California.

The Facts Surrounding Sexual Harassment vs. Sexual Abuse

Myth: “If someone cat-calls me on the street, he’s breaking the law.”

Fact: Illegal sexual harassment is largely defined by employment law.

Sexual harassment is annoying, yet legal, if done at a bar or on the street. You can file a police report, but you generally can’t sue someone for cat-calling or touching you in public. In most of these cases, you may feel violated, but legality only becomes an issue if you have:

1. suffered a financial loss that would warrant a civil lawsuit, or
2. been physically assaulted to warrant criminal charges.

Common recourse is to have the police physically remove the offender from your presence, file a restraining order against the offender, or seek arrest for a petty crime like trespassing or disturbing the peace.

The one exception is sexual harassment occurring in the workplace. Sexual harassment is defined as “behavior characterized by the making of unwelcome and inappropriate sexual remarks or physical advances in a workplace or other professional or social situation.” The courts have determined that unwanted touching, the sharing of pornography, and/or unwelcome comments of a sexual nature creates a hostile work environment, which is illegal under Title VII of the Civil Rights Act of 1964 and California’s Fair Employment and Housing Act. California law prohibits sex-based discrimination in the workplace, which may include indecent propositions, indecent exposure, unequal treatment, inappropriate staring, and sexual favoritism.  

Myth: “The term ‘sexual assault’ is in the California penal code.”

Fact: Sexual assault is a vague term that is not clearly defined.

Civil and criminal statutes do not use vague terms like “sexual assault.” California PC 243.3 defines sexual battery as a crime, stating: “Any person who touches an intimate part of another person while that person is unlawfully restrained by the accused or an accomplice, and if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of sexual battery.” Sexual battery can refer to unwanted touching, kissing, rubbing, groping, or compelled sexual acts.

The next level in severity can be found in California PC 261 with the definition of rape (which is often mistakenly referred to as “sexual assault”): “Rape is an act of sexual intercourse where it is accomplished against a person’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another.”

You may also note that “sexual abuse” is not explicitly codified. Usually, sexual abuse is interpreted to mean sexual acts with children perpetrated by adults—which is illegal and a crime in any context. Under California law, a minor is incapable of giving consent to an adult. The California Penal Code codifies child sexual abuse as: Lewd or Lascivious Acts with a Minor (PC 288), Annoying or Molesting a Child (PC 647.6), Unlawful Sex with a Minor (PC 261.5), and Sex with a Child Under 10 (PC 288.7)—which is subject to even stiffer penalties.

Colloquially, the term “abuse” implies a drawn-out process of grooming and multiple acts, whereas an “assault” is more of a one-time act of sexual violence. In addition to talking about children, we also use the term “sexual abuse” when there are developmentally disabled or elderly victims who are similarly unable to consent; by law, they are considered “Crimes Against Public Decency” (PC 261). When sexual abuse is committed by a spouse, it is considered a form of Assault & Battery (PC 243e).   

Myth: “A school’s sexual harassment training and policies shield them from a lawsuit.”

Fact: Sexual contact between minors and adult staff members is always abuse—and always illegal.

In some sexual abuse cases, the schools point to sexual harassment trainings and policies in defense to allegations a staff member was sexual with students. However, there is no such thing as sexual harassment of children by adults. Any sexual contact or innuendo between adults and children is considered abuse. Sexual harassment of a child by an adult isn’t just inappropriate; it’s illegal—and extremely damaging to the child.

Schools are legally responsible to recognize, report, and respond to child abuse and neglect, including the sexual abuse of minors by trusted adults. When mandated reporters at schools in California fail to contact the police about known or suspected child abuse, they are guilty of a misdemeanor crime punishable by fines of $1,000 and up to six months in jail (which increases to $5,000 and up to one year in jail when the abuse results in grievous bodily harm or death.)

Sexual harassment training and policies are important to employment law, but there are more important steps schools should take to prevent child sexual abuse:

• All staff should be trained in recognizing predatory behavior, child sexual abuse prevention, and reporting
• They should be well aware of their roles as mandated reporters and be encouraged to report any sexual misconduct suspicions they may have directly to the local police, rather than up the chain of command at school
• Anyone working with children should be screened and vetted for a past history of criminal activity and sexual misconduct
• Adults should be well supervised when working with children
• Any complaints should be fully investigated and reported to the proper authorities
• Individuals suspected of sexual abuse should be removed from access to the children immediately
• School districts should seek to revoke teaching credentials of child abusers.

When these reasonable steps are not taken, schools can be held liable for their negligence. Schools that try to run their own investigations and interview the children themselves often do more harm than good. An experienced attorney will advocate for child victims of sexual abuse to the fullest extent of the law, exploring all failures and factors that led to the abuse.

Through investigations, expert testimonies, and legal prowess, a case can be made that the school district owed a duty of care to protect the student from harm.

Myth: “I filed a lawsuit in criminal court, so I can’t file a civil lawsuit.”

Fact: You can pursue both criminal and civil proceedings.

The law offers various opportunities for the pursuit of justice. Criminal proceedings can be brought against an individual perpetrator of sexual abuse with the end goal of determining innocence or guilt. If found guilty, an offender can be sentenced to prison, put on probation, charged a fine paid to the state, and put on a sex offender registry. Attorneys must prove their case “beyond a reasonable doubt.” To initiate criminal charges, victims must make a police report, which is then forwarded to the District Attorney if there is sufficient evidence backing the claim.

Civil proceedings can be brought against not only the offender, but liable third parties as well. For instance, if a child is molested by a teacher, the school district can be sued for negligent hiring and retention. You may also sue other individual teachers and administrators at the school who suspected or knew what was happening and failed to file a police report, as required by law.

The end goal of civil court is to determine whether or not the defendant(s) owe financial reparations to the plaintiff for harm likely to have been caused based on “a preponderance of the evidence.” If found liable, defendants can be forced to compensate victims for medical expenses, substance abuse treatment, counseling, therapy, lost wages and earning capacity, and emotional trauma. To initiate civil charges, victims should contact an experienced sexual abuse attorney who can provide legal counsel, help file paperwork, investigate, summon expert witnesses, and build a strong case on your behalf.       

“Double jeopardy” does not apply to filings in both criminal and civil court. You can file lawsuits in both courts at the same time. Even if your criminal charges went nowhere, you can still succeed in civil court due to the lower standard of evidence, the definitions of liability, better investigation techniques, and differing strategies. If you succeeded in criminal court, it can be a slam-dunk to win the civil case, as the question of guilt may have already been answered. As civil attorneys, we frequently work with the District Attorney’s office on investigative work while both cases proceed through the appropriate courts.

Myth: “There is one deadline for filing a sex crime lawsuit in California.”

Fact: The statute of limitations varies greatly, depending on several factors.

“Statute of limitations” refers to the deadline for filing a lawsuit, which varies widely based on:

• Your Age: Children can file a civil lawsuit eight years after obtaining the age of majority (until age 26).
• The Court: Adults may have as little as two years to press criminal charges through the District Attorney’s office. Civil courts allow plaintiffs to file within three years of discovering the causal relationship between the actions of the defendant(s) and the damages suffered.
• The Defendant: Legal actions against certain defendants (such as the state government) must be initiated within six months.

DISCLAIMER: The information in this blog is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this blog or on this website should be construed as legal advice from Lewis & Llewellyn LLP. Neither your receipt of information from this website, nor your use of this website to contact Lewis & Llewellyn LLP creates an attorney-client relationship between you and the firm or any of its lawyers. No reader of this website should act or refrain from acting on the basis of any information included in, or accessible through, this website without seeking the appropriate legal advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s jurisdiction.

Ranked among the “Top 40 Under 40” and the “best boutique law firms” in the country, the Bay Area attorneys at Lewis & Llewellyn specialize in prosecuting difficult sexual abuse cases and providing help for sexually abused victims. We offer more than 50 years of combined experience and a successful track record of multi-million-dollar verdicts, often against all odds. Whether you are a parent seeking representation for your child, a survivor suffering the consequences of childhood sexual abuse years later, or if a larger organization has turned a blind eye to your needs and the law, we can help!

Filing civil proceedings is one path to holding perpetrators and other third parties responsible, while providing some measure of comfort with finances for medical care, income loss, and emotional suffering. No amount of money can undo the damage, but the options our legal system offers sexual abuse survivors prove to be an empowering vehicle for healing.

Even if you’re not sure whether you’d like to pursue civil proceedings, speaking with a qualified attorney can be an important part of your healing process. We can connect you with area resources, lend a compassionate ear, and advise you on what legal options exist. All consultations are confidential, free from obligation, and offered at no cost to you. In fact, we work on a contingency basis, meaning that you only pay for legal services when we win compensation on your behalf through settlement or jury award.  

How to Address Your Child’s Sexual Abuse

Sexual abuse affects many families. It is estimated that one in six boys and one in four girls will be sexually abused at some point over their lifetime. In 90% of the cases, the perpetrator will be someone well known to the family: a teacher, coach, priest, scout leader, daycare worker, or other mentor. As Bay Area attorneys specializing in child sexual abuse cases, we are dedicated to prosecuting these cases to the fullest extent of the law. As parents ourselves, we provide a compassionate personal approach that can help you during the difficult aftermath of sexual abuse.  

Evaluate Treatment Options: Children’s Interview Center & CALICO

First and foremost, you need to take care of the physical, mental, and emotional health of your family. We can help connect you to the best local resources. The Children’s Interview Center (CIC) is one of the best places to start your journey. Since 1996, the CIC has partnered with Children and Family Services, County Mental Health, Law Enforcement, the District Attorney’s Office, and other community agencies to offer comprehensive care to children affected by sexual abuse.

Whether your child is two or 17, you’ll find a safe environment for discussing what happened with law enforcement and therapists, and seeking healing. In addition to providing therapy, CIC conducts non-acute forensic medical examinations, child forensic interviews, and helps educate parents. Counseling services for parents—dealing with denial, fear, anxiety, frustration, helplessness, and depression—will be crucial as you make your way through the process of caring for your abused child.

Another excellent place to start your family’s healing journey is CALICO, the Child Abuse, Listening, Interviewing, and Coordination Center. Here, law enforcement, child welfare workers, attorneys, and other professionals come together to investigate the case, while taking care of the physical, mental, and emotional needs of the entire family. Lewis & Llewellyn partner Ryan B. Erickson is a board member of this excellent local resource.

Get an Answer for the Question: “How Could This Have Happened?”

Dealing with the aftermath of sexual abuse can bring up many questions. “How could this have happened?” is often at the forefront of many parents’ minds. We’ll help you untangle the complicated web of legal liability to hold all parties responsible for their part in the crime. We conduct intensive investigative work—requesting internal documents, conducting interviews, commissioning expert witnesses, and working with law enforcement—to help bring you answers.

Pursue Justice: Consider Financial Compensation

There are several paths to pursuing justice for abuse. You can choose between them or pursue them all if you wish. Pressing criminal charges can be done through local law enforcement and (ultimately) the District Attorney’s office with the goal of putting the offender behind bars.

There are different statutes of limitations, standards for evidence, and scopes of liability for the different paths to justice, so it’s important to look at all your options with an experienced child sexual abuse attorney.

What to Do When Suffering From Past Sexual Abuse

About seven in 10 sexual assault victims never report it, according to estimates from the U.S. Department of Justice. Psychotherapists say it’s common for victims to blame themselves or try to convince themselves it was “no big deal.” Some survivors are afraid to speak out against a family member or member of the community—or they do, but it’s downplayed. Shame silences, but the feelings remain years later. It’s never too late to speak out about what happened to you.

Evaluate Treatment Options: Office for Victims of Crime & RAINN

Call the Rape, Abuse & Incest National Network (RAINN) hotline to connect with local resources, including health facilities with staff trained to care for sexual abuse survivors, counselors, and long-term support service providers. The Office for Victims of Crime may also be able to help you obtain limited reimbursement for medical services, mental health counseling, lost wages, and relocation expenses.

Get an Answer for the Question: “How Long Do I Have To Press Charges?”

As you may know, there are certain deadlines to protect the rights of the accused, as evidence gets lost and memories fade over time. The time limit depends upon the date of the most recent abuse or the realization of harm. Generally, California allows child sex abuse victims to file civil charges within eight years of the date they become the age of majority (age 26) or within three years of the date they discovered that psychological injury or illness occurring after the age of majority was caused by sexual abuse, whichever occurs later, but there are exceptions to the rule. The 10-year statute of limitations for filing criminal charges was recently abolished, but you may be subject to older laws.

Pursue Justice: Enlist Help for This Uphill Battle  

Sexual predators are everywhere. They can be politicians, doctors, priests, coaches, and other “respected” members of the community. You may have fears of retaliation in suing a boss, coworker, client, or customer in the workplace. You may find yourself in an uphill battle after being assaulted on an airplane or in another country while on vacation. We’ll help you seek justice to the fullest extent of the law, no matter your situation.  

How to Seek Help for Sexually Abused Victims

What do you do when you report your abuse, but nothing is done? Your claims may be rejected, downplayed, or brushed off. You may even receive threats to guarantee your silence. In many instances of sexual abuse—particularly in school districts with a good reputation to lose—it is found the crimes could have been avoided if those tasked with the protection of youth had not been “deliberately indifferent” or “negligent.”

An experienced attorney will explore all avenues of “vicarious liability” and “duty of care” to see where others have failed you and caused you harm. In order to correct these systemic failures in our society, we must first be aware they exist, how they exist, and why they exist. There is no better way to investigate than through civil litigation.  

Evaluate Treatment Options: Sexual Assault Forensic Examinations

After dealing with administrators and officials, you may get the sense that you’re “on your own.” Meeting with a Bay Area attorney should leave you feeling like you finally have someone who cares about your situation. Often, we will recommend seeking medical attention immediately, which will be helpful should you decide to press criminal charges or pursue civil litigation.

Get an Answer to the Question: “Who Will Help?”

Liability is a central question in many sexual abuse cases. As we grapple with wondering how sexual assaults continue to happen in society, we come to the realization that there are people who could have helped but didn’t. There are those who turn a blind eye to suffering because they want to save reputation or avoid conflict.

Obviously, the perpetrator who committed the offense should be held accountable, but when third parties aid and abet sex offenders, they should answer for their actions or inactions, as required by law. For instance, California has mandated reporter laws for people working with children that impose punishments on non-reporters. Given the expanded scope of litigation allowed in civil lawsuits, youth sport organizations, summer camp owners, government welfare agencies, school districts, and landlords may all be successfully sued in court.  

Pursue Justice: Expand the Scope of Liability

One of your worst fears may be that remaining silent will allow similar abuse to happen to others. Roughly a quarter of convicted sex offenders will commit similar crimes again. But what about those who rely on systems they’ve created full of non-disclosure agreements, power, money, and influence? You’ve got to pick apart the system to get to the heart of the matter and prevent recidivism.

It’s not okay for churches to simply move accused rapists from parish to parish with paid relocation. It’s not okay for schools to allow just anyone to apply to work with children without a background check and continue to remain around children unsupervised even after red flags have been raised about inappropriate behavior. Filing a civil lawsuit is the best chance we have at expanding the scope of liability to hold more people accountable for safeguarding vulnerable individuals.

DISCLAIMER: The information in this blog is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this blog or on this website should be construed as legal advice from Lewis & Llewellyn LLP. Neither your receipt of information from this website, nor your use of this website to contact Lewis & Llewellyn LLP creates an attorney-client relationship between you and the firm or any of its lawyers. No reader of this website should act or refrain from acting on the basis of any information included in, or accessible through, this website without seeking the appropriate legal advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s jurisdiction.

The signs of sexual abuse may not be evident until years after the actions have taken place. Many survivors of sexual abuse don’t make the connection between the physical and emotional pain they may currently suffer and the sexual abuse they experienced in the past.      

An online survey conducted by National Pain Report and For Grace, a non-profit devoted to better care and wellness for women in pain, found that seven out of 10 women with chronic pain had a past history of childhood trauma. In this case, the definition of “childhood trauma” included emotional abuse, persistent bullying, sexual abuse, witnessing violence, physical abuse, and the death of a parent. Of all these, sexual abuse was found to be linked to the development of chronic pain later in life.

For survivors of sexual abuse experiencing chronic physical or emotional pain, the two may be linked. Even if you didn’t take legal action because the signs of sexual abuse weren’t there in the beginning, you can still seek justice for your pain and suffering. Working with an experienced civil attorney will help you navigate the laws regarding the recovery of personal damages as well as calculating any statute of limitations that may apply to your case.  

Knowing the Signs of Sexual Abuse in Children

For parents, identifying the signs of sexual abuse in a child may be harder. The presence of one sign doesn’t necessarily mean a child has been sexually abused but the presence of several suggests that you should begin asking questions and exploring ways to seek professional help.

Typical Signs of Sexual Abuse in Younger Children

• Regressive behavior such as bed-wetting or thumb sucking
• Has new words for private parts
• Mimics adult-like sexual behaviors with stuffed animals or toys
• Resists removing clothes during appropriate times such as bath time or bedtime
• Has nightmares or problems sleeping

Typical Signs of Sexual Abuse in Adolescents

• Self-injury
• Sexual promiscuity
• Fear of intimacy or closeness
• Depression and/or anxiety
• Drug and/or alcohol use

Oftentimes, these signs of sexual abuse don’t emerge in children until other stressful events take place such as a divorce, death of a family member or pet, or problems at school or with a friend. Regardless of when the signs emerge, justice for sexual abuse can be sought—in some cases—at any time.

Can I Sue for Sexual Abuse Years Later?  

The statute of limitations is a deadline for pressing criminal charges or filing a civil lawsuit. It’s important to keep in mind that criminal and civil proceedings are treated differently by law and different timelines apply. But in either case, statute of limitations deadlines are put into place to ensure a case goes to trial with the best evidence possible.

It can take years for child sex abuse survivors to summon the courage to come forward against their abusers, especially if these individuals were well known to them. In some instances, they may have been too young to fully comprehend what was happening to them at the time, or they may have suppressed what happened until painful memories, nightmares, and debilitating fears take hold well into adulthood.

Even if the statute of limitations has run out in your case, there is still hope in civil court. California law allows for delayed discovery. This means plaintiffs can file suit within three years from the date they discover or reasonably should have discovered that an injury or illness resulted from an act, attempted act, or assault. Seeking financial compensation through the civil court system can help pay for the necessary therapy, rehabilitation, and medication if necessary.

Chronic Emotional and Physical Pain Linked to Sexual Abuse

Research has found that two-thirds of sexual abuse survivors bear no initial physical injuries but eventually, the emotional pain suffered can lead to physical pain. For many survivors, it can take decades of self-management before the symptoms become unbearable. Most of the damage suffered as a result of sexual abuse is typically psychological; among the emotional trauma are:  

• Post-Traumatic Stress Disorder
• Cognitive distortions
• Emotional distress
• Lack of sexual satisfaction
• An impaired sense of self
• Avoidance
• High-risk behaviors such as eating disorders, self-harm, substance abuse, and promiscuity
• Sleep disturbances
• Interpersonal problems

Differences in the response to abuse vary from asymptomatic to deeply traumatized, and everything in between. Researchers find the most severe reactions tend to occur in cases where the abuser was known and trusted, where some type of penetration was involved, and where there are multiple cases of abuse over time.

Many of these symptoms may lie dormant until triggered by a heavily emotional event. Triggers for adult sexual abuse survivors may include:

• intimate partner breakup or divorce
• experiencing another sexual assault
• nightmares that cause them to relive the trauma
• encountering sights, sounds, smells, tastes, or places associated with the abuser
• news cycles featuring similar stories of sexual abuse

Many of these psychological ailments can manifest into physical pain. For those experiencing physical and emotional pain as a result of sexual abuse, California sexual abuse attorneys can help.

How to Seek Help for Sexual Abuse

If you can relate to any of these signs of sexual abuse, seeking legal help from an experienced attorney should be among your next steps. You should seek to retain an attorney who has substantial experience and knows how to measure harm in sexual abuse cases. It’s important to have an attorney who can foresee what damages can reasonably be gained, given your unique circumstances.

Working with a California attorney who specializes in sexual abuse cases is about more than legal advice and paperwork. Lawyers can also point you in the right direction for seeking medical attention, connecting with crisis social workers and counselors, dealing with insurance issues, and getting your life back in the wake of disturbing events that were beyond your control.

The civil attorneys at Lewis & Llewellyn will provide knowledgeable counsel, investigative muscle, and expert legal services. Our expertise lies in making a substantial case for recovery, even with challenges that may arise such as the statute of limitations. It will cost you nothing to learn about your legal options and pursue a civil lawsuit with our team. You can rest assured that your emotional health remains our utmost concern as we provide counsel and proceed with the pursuit of justice.

DISCLAIMER: The information in this blog is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this blog or on this website should be construed as legal advice from Lewis & Llewellyn LLP. Neither your receipt of information from this website, nor your use of this website to contact Lewis & Llewellyn LLP creates an attorney-client relationship between you and the firm or any of its lawyers. No reader of this website should act or refrain from acting on the basis of any information included in, or accessible through, this website without seeking the appropriate legal advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s jurisdiction.