California Sexual Assault Attorneys

Civil vs. Criminal Sexual Assault Lawsuits in California

Civil and criminal sexual assault lawsuits serve distinct purposes and have different outcomes for survivors, making it crucial to differentiate between the two. While a criminal case seeks justice through punishment, a civil case focuses on providing the survivor with monetary relief and closure. It’s possible to pursue both types of lawsuits concurrently, offering a broader means of obtaining justice and healing.

Criminal sexual assault lawsuits are initiated by the state to prosecute perpetrators of sexual assault. The primary goal is to punish the offender, which may result in imprisonment, fines, or both. 

On the other hand, civil sexual assault lawsuits are filed against perpetrators or third parties that enabled the abuse. The aim is to seek financial compensation for the damages suffered, such as medical expenses, therapy costs, and pain and suffering. 

Burden of Proof in California Sexual Assault Cases

The survivor (plaintiff) bears the burden of proof in civil lawsuits, meaning that you are responsible for proving the defendant’s liability in court. Unlike the higher standard of proof in criminal lawsuits (“beyond a reasonable doubt”), the standard of proof in civil lawsuits is lower (“by a preponderance of the evidence”). In other words, the plaintiff must prove that the defendant “more likely than not” committed sexual assault to establish liability in a civil sexual assault lawsuit. 

While the standard of proof in civil cases is less extreme, this doesn’t mean that civil cases are easier to win. Securing experienced representation from a skilled sexual assault attorney is paramount to recovering compensation and holding your abuser accountable for their unforgivable acts. With over 20,000 cases handled, our firm is well-equipped to represent your best interests and maximize the damages available to you while safeguarding your rights from start to finish. 

Who is Liable?

In a civil sexual assault lawsuit, liability can extend far beyond the individual abuser. While the perpetrator is directly liable, they often lack the personal financial assets to fully cover the comprehensive lifelong damages a survivor requires. Therefore, civil litigation frequently focuses on third-party liability.

Under California law, businesses, organizations, and institutions can be held legally liable if their negligence contributed to, facilitated, or enabled the abuse. Third-party liability may apply if an entity:

• Failed to conduct proper criminal background checks during the hiring process.
• Ignored prior complaints or "red flags" regarding an employee's predatory behavior.
• Failed to implement adequate safety protocols, security, or supervision.
• Actively concealed allegations of abuse to protect the organization’s reputation.

Entities commonly named in third-party liability lawsuits include school districts, religious organizations, corporations, hotels, hospitals, and rideshare companies.

Proving Sexual Assault in a Civil Lawsuit in California

If you were sexually assaulted, taking swift legal action is imperative to obtain justice. Our attorneys can help you strengthen your representation by fortifying your claim with relevant evidence, arranging witness testimonies, and negotiating effectively with other involved parties to pursue fair compensation. Evidence in civil sexual assault cases may include: 

• Police reports
• Medical records
• Witness testimonies
• Character witnesses
• Forensic evidence, such as DNA 
• Text messages, emails, and call logs
• Expert testimonies, such as psychologists and medical specialists

Collecting and presenting evidence is a critical aspect of building a strong case. This process often requires meticulous attention to detail and a thorough understanding of the legal landscape. Our team is adept at identifying the most compelling evidence to support your claim and strategically presenting it to optimize your chance of success.

Recoverable Damages in Civil Sexual Assault Cases

Courts may award various damages in civil sexual assault lawsuits depending on the circumstances of the representation. There are three primary types of recoverable damages, including: 

• Economic damages: These include direct financial losses, such as medical services, hospital bills, treatment costs, therapy and mental health services, lost wages, loss of earning capacity, and physical rehabilitation. 
• Non-economic damages: These include non-financial losses that aren’t easily quantified in monetary amounts, including pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. 
• Punitive damages: In certain cases involving extreme malice, the court may order the defendant to pay punitive damages as a means to punish and deter future behavior, rather than directly compensating the survivor. 

Civil lawsuits offer victims an opportunity to hold perpetrators accountable in a different arena, allowing for more personal agency in seeking justice. The process can provide an avenue for empowerment, helping survivors to narrate their experiences in their own words and pursue validation beyond financial recompense.