Los Angeles Abogados de Defensa de Asalto Sexual

Simply put, sexual assault is any form of unwelcome sexual contact that causes emotional and/or physical pain, discomfort, or injury to another person. To break things down further, assault is legally defined as an intentional act that is designed to instill fear in others. So, this is a crime that does not necessarily involve bodily harm, though many incidents certainly do result in physical injury.

Sexual assault, on the other hand, must involve physical contact of a sexual nature. So, that can include acts like groping and kissing that the victim did not consent to. People can also be charged with sexual assault when they perform these acts on those who cannot legally consent to sexual activity, like individuals under 18 years old per California law.

We previously stated that the legal definition of assault is any intentional act that makes another person fear the possibility of imminent harm. So, even if the victim is not physically harmed, you can still be charged with assault solely on the basis that what you placed the victim in fear of being hit, punched, shot with a firearm, etc.

The charge known as battery, on the other hand, involves physical contact that hurts the victim, such as kicking, choking, slapping, and shoving. However, most people use these terms interchangeably and there is no denying that plenty of incidents where someone is threatened escalate to some form of physical violence.

First and foremost, sexual assault has to include an act that is perpetrated for the purpose of sexual arousal. That’s the first major difference between sexual assault and what we commonly refer to as assault and battery. Another critical difference is that sexual assault may not be physically violent, meaning that the victim may have little to no injuries that we would normally associate with assault. If the incident resulted in physical injury to the victim, the perpetrator may be charged with aggravated assault.

A discussion on sexual assault must involve sexual harassment, which is technically a different charge. However, the two are closely tied together, and most sexual assault victims are harassed prior to and even after they are assaulted. Thus, we need to consider all the actions that constitute sexual abuse, which include, but are not limited to:

• Touching and fondling that makes the victim uncomfortable
• Sexual groping
• Sexually inappropriate remarks
• Requests for nude pics and other sexual content
• Explotación sexual
• Rape / attempted rape
• Blackmail / coercing someone into a sexual act

If you believe that you were sexually assaulted or sexually harassed, make sure to consult a Los Angeles lawyer that specializes in sexual abuse lawsuits.

There are many steps that you can take after a sexual assault in order to protect yourself from further harm and lay the foundation for a legal case. If you are able to, get yourself away from the area and ask someone to contact the police. Filing a police report documents the incident while it’s still fresh in your memory, but many people are afraid to get the law involved. Please know that the choice to file charges is completely up to you; the point of filing a report is to simply create an official record.

Seeking medical attention immediately is important as well to ensure that you receive treatment for your injuries and a rape kit is done and preserved by law enforcement. This is the best way to avoid future disputes over who attacked you or if the act was consensual, which is likely to happen if you sue the responsible party. Evidence from a rape kit and your medical records will go a long way to proving that you were sexually assaulted.

If you are able to, we suggest that you take pictures of any physical injuries to show the severity of what you endured. You should do this right away, as the injury will not look as bad once you receive treatment. Try to take photos of the location where you were assaulted as well. If there were witnesses who heard or saw anything, or knew that you were being harassed prior to the assault, ask for their contact information or a written statement.

If you were assaulted by someone you know, like a coworker, neighbor, teacher, etc., you should also keep records of any communications that indicate a pattern of sexual grooming, harassment, and assault. As we mentioned, it’s very common for sexual assault to take place after a long period of solicitation and other kinds of sexual harassment.

Seeking help for the trauma you endured is highly recommended, whether you speak with a mental health counselor or join a support group for sexual abuse victims. They can help you work through the psychological damage and provide you with hope and encouragement. You should also learn about your rights from a Los Angeles sexual assault attorney to see if filing a lawsuit is in your best interest.

If you decide to pursue a sexual abuse claim, the process can be incredibly difficult and draining on your mental health. Having a lawyer guide you through the process and take care of the legal aspects of litigation, court filings, settlement negotiations, etc. allows you to focus on healing from the assault, which is the most important thing, at the end of the day.

You can file a lawsuit for sexual assault against one or more parties, depending on who is liable for the harm you suffered. First, there is the person who committed the act of sexual assault. But there may be others who made it possible for this person to assault you, like a building owner that failed to install adequate security measures. Perhaps the assailant was a coworker or supervisor that you complained about, but your employer failed to take your allegations seriously. Sometimes, even government agencies may be responsible if you were assaulted by someone that works for a city, county, or state entity.

Along with a civil claim, you can choose to file criminal charges, though whether you should do so and when you should take such action depends on the details of your case and your personal preferences. That’s why counsel from a Los Angeles sexual assault lawyer is essential, right from the start.

The answer to this question depends on various factors that we need to confirm with you, like how old you were at the time of the assault. If you were 18 years of age or older, meaning you were an adult under California law, you generally have 10 years from the event to file a lawsuit. If you were a minor at the time, the statute of limitations for a lawsuit is based on one of the following:

• 22 years from when you are the age of consent (lawsuit must be filed before your 40^th cumpleaños)
• Within 5 years of discovering the abuse or the psychological / physical impact of sexual assault during childhood

The timelines for child sexual abuse cases are established under Assembly Bill 218 – a legislation that has allowed many underage victims with expired cases to seek justice from the liable entities. Determining the exact deadline for a sexual assault lawsuit is not a straightforward matter in many cases, which is why you should contact us as soon as possible.

If you look at recent settlements obtained on behalf of sexual assault victims nationwide, it’s clear that there is no clear answer to how much these cases are worth. Furthermore, many lawsuits are settled for undisclosed amounts, so we do not know what was actually received by the victim.

Going by our record of recovery, we would say that sexual assault lawsuits settle for anywhere between $500,000 and $2,000,000. These are estimates and not a guarantee of your own settlement from a sexual assault claim. An accurate valuation of your case requires the expertise of a lawyer with many years of experience in sexual assault and harassment lawsuits.

Along with how much you can receive as a sexual abuse victim, you may be interested in the damages that are available from a lawsuit. Types of compensation for those who are sexually assaulted may include:

• Gastos médicos for any physical / emotional injuries, including fees for mental health counseling and medications
• Salarios perdidos, including lost income opportunities and loss of earning potential
• Dolor y sufrimiento, and possibly other non-economic damages like emotional distress and loss of consortium.
• Daños materiales for the loss of or damage to any belongings that were damaged during the incident
• Daños punitivos, which is additional compensation that may be awarded to you from a jury in cases of severe / gross negligence.

The level of recovery one can achieve after a sexual assault will vary from one person to another. However, the vast majority of victims feel empowered after taking legal action in the form of a lawsuit, criminal prosecution, or both.

Our goal is to help you make an informed decision and ensure that you have the necessary funds to move forward with life in a positive direction. With that in mind, we invite you to meet with us for a free, private consultation. That way, we can provide you with information on your legal options and fight to bring you the damages you are entitled to under California law.

If you are interested in hiring our law firm, you have the assurance of knowing that we operate on contingency. You pay nothing, as we are only compensated upon winning your case and having legal fees covered by the party at fault. If you do not receive payment from a sexual assault lawsuit, the Zero Fee Guarantee is our promise to you that we will never ask for a single penny.

If you are ready to learn more about your rights as a victim of sexual assault, reach out to us here at DTLA Law Group 24 hours a day, 7 days a week.

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