Sexual Assault Statistics

Various laws in California help victims obtain justice in the event they are sexually assaulted. For an act to count as sexual assault, the victim must have been touched against his or her will. Additionally, the physical contact must have occurred for the purpose of sexual gratification for the perpetrator. The degree of force and power over the victim are used to determine if the defendant is guilty of a misdemeanor or felony.

Sexual assault as a misdemeanor refers to unwanted groping, kissing, and other acts of touching without the victim’s consent. More serious acts, like rape or sexual assault involving abuse of one’s power and authority (the perpetrator is your boss, teacher, or police officer, for example), are typically classified as felonies.

Per the laws in California, rape must involve sexual intercourse with someone who is unable or unwilling to consent. So, this includes victims who are medically incapacitated or intellectually handicapped, along with those who are able to say no. The act must also involve physical force, violence, threats, fraud, or another type of coercion. There is an exception for minors, however, who were groomed into sexual activity.

Here, the perpetrator takes the time to form an emotional connection with the victim and slowly coaxes them into having sex or engaging in other sexually explicit activities. Many victims are brainwashed to the point where they believe themselves to be in a true and loving relationship, and this is why they tend to stay quiet and not say anything to a parent or someone else who can help them. In short, the idea of consent is not quite the same for a child as it is for an adult.  

Date rape, or sexual assault between two intimate partners, is the most common form of rape. The state of California also has recognizes spousal rape and statutory rape (sex with an individual under 18 years old). It’s essential to understand that minors cannot give “informed consent,” meaning they lack the intellectual and emotional capacity to make a sound decision regarding sexual activity. This is why sex with a minor can be classified as rape, even if the individual claims they are a willing participant.

Aside from criminal charges against the person that assaulted you, there is the option of suing the abuser or another entity for monetary damages. A sexual assault lawsuit can be filed when someone fails to take measures that could have protected you. Or, they failed to act appropriately after they found out you were sexually assaulted

Let’s say, for example, you were walking across a parking lot behind a strip mall. It’s nighttime, and the parking lot should have better lighting, but the owners neglected to replace some of the bulbs that had burned out. Additionally, not all the security cameras are working, so certain parts of the parking lot are not being filmed. A rapist takes advantage of these security failures to assault you in the parking lot.

You may be wondering if physical injuries are required to prove a case of sexual assault. The laws generally recognize that forced sexual acts do not necessarily result in visible injuries. Overall, the fact that you were forced to engage in a sexual act is considered bodily harm in itself, so you can go ahead with pressing charges and/or filing a lawsuit even if you don’t have cuts, broken bones, and other obvious injuries.

In the previous section, we talked about how someone other than the rapist can be sued by the victim for sexual assault. The key is to prove the following elements:

• The defendant (part you are suing) owed you a duty of care.
• The duty of care was breached by the defendant.
• Due to the defendant’s breach of duty, you sustained bodily harm and/or psychological damage
• The harm you suffered resulted in financial losses and emotional distress.

It’s crucial to work with a law firm that’s experienced in sexual assault cases. Gathering evidence and establishing liability by a third party can be very challenging, whether you are suing a business, government agency, a public school district, or any other entity. Let’s go back to the example we previously mentioned, where you were assaulted because of inadequate lighting and lack of surveillance at a strip mall. It may seem obvious to you that these are security lapses which put you at greater risk of sexual assault. However, you would have to prove to the court’s satisfaction that the store / mall owner was aware of these issues and failed to do anything about it. Additionally, you must prove that the incident would not have happened or was unlikely to occur had the defendant exercised reasonable care.

These are just some of the obstacles that victims must overcome in order to succeed in a lawsuit for sexual assault. Locating and obtaining evidence can be difficult as well, and this is why victims should contact a sexual assault lawyer as soon as possible. Security footage, witness statements, police reports, personnel files, and other kinds of evidence may be uncovered by an attorney with experience in sexual assault cases.

DTLA Law Group has a team of skilled and dedicated lawyers who are ready to fight for you and the compensation you deserve. We have decades of experience in sexual assault lawsuits against all types of entities, including schools, malls and shopping centers, religious organizations, juvenile halls and prisons, hospitals, hotels, and more. Simply contact us at your earliest opportunity to receive a free, private consultation.

An underage girl identified as Jane Doe was having a sexual relationship with Jeremy Monn, an agriculture instructor with Paso Robles Unified School District. Before that, Monn worked at Don Pedro High School, which provided him with positive referrals and recommendations. At Paso Robles, there were numerous complaints of him acting inappropriately with female students. So, even before he groomed Jane Doe into a sexual relationship, the defendant had a known history of questionable behavior with minors. 

There was compelling evidence to show that the previous school district failed to address complaints of sexually inappropriate conduct by Monn and failed to provide adequate monitoring of students and teachers. Because of the abuse, Jane Doe suffered from depression, anxiety, and other mental health conditions and needed extensive counseling and therapy. Monn and the two school districts were ordered to pay $5,000,000 in total to the abused student.

This case involved complaints of sexual misconduct from a volunteer football coach. Numerous students reported that the coach, Jaime Jiminez, had sexually assaulted them from 2002 to 2015. The lawsuit was filed by 9 former students, who claimed Jiminez groomed them in various ways, like buying gifts, inviting them to his house, sharing alcohol, and giving rides home after football practice. Before the trial date, the school districts included in the lawsuit agreed to pay a combined settlement of $8,000,000. As for Jimenez, he was convicted of sexual abuse against three minors and was sentenced to 36 years in prison.

Cheryl Coffman was 18 when she was placed under involuntary psychiatric care by her mother. During her stay at Glendale Adventist Medical Center, she and another patient engaged in sexual activity. Cheryl had developmental delays, along with schizophrenia and bipolar disorder. Her mother warned staff that Cheryl was “boy crazy” and should never be alone with any males. Her mental capacity also meant she was more like a 12 year old than 18 – her actual age.

At the same time, the facility was responsible for Anthony Taylor, a patient who had recently exposed himself to staff members. In spite of the warnings from Cheryl’s mother, a lack of supervision resulted in the plaintiff sneaking away with Taylor into his room. A nurse found them in the bathroom a few minutes later. Cheryl was on the bathroom floor naked, and Taylor confessed to engaging in sexual acts with her, including digital penetration and sexual fondling.

Taylor was charged with sexual assault of a mentally challenged individual, but the victim’s mother also wanted justice from the medical facility. According to her, not having adequate supervision, along with lack of security cameras made it easy for Taylor to take advantage of the plaintiff. Unfortunately, the jury sided with the defense’s claim that Cheryl was technically an adult, and there was no breach of care as it pertains to an adult patient.

This was a tough decision, but the jury made their ruling under the requirements for adult abuse by a healthcare facility. Had Cheryl been one year younger, it’s likely that the jury would have found the medical staff guilty of negligence and approved the plaintiff’s request for $1.2 million in compensation.

We’ve gone over potential case values for sexual assault claims, but there’s more you should know about these payments and what they consist of. Though you typically obtain a lump sum from the defendant, the amount is the total of various damages that have to do with your medical needs, emotional distress, and other consequences of being sexually assaulted. Victims of sexual abuse can seek payment for some of all the following:

• Medical expenses for current and future treatments, medications, therapy, surgery, etc.
• Value of lost wages and income opportunities
• Non-economic damages – pain and suffering, emotional distress, and loss of enjoyment of life
• Loss of consortium – a special category of damages for the victim’s partner if they have lost out on the love, intimacy, companionship, and emotional support they would have received from their partner were it not for the assault
• Punitive damages if your case goes to trial and it’s found by a jury that the defendant’s conduct was grossly negligent or malicious

As an adult victim of sexual assault, you must file a lawsuit within 10 years of the incident, or 10 years of the most recent episode of abuse. If you were molested or raped as a minor (younger than 18), you can file a lawsuit until your 40^th birthday, which gives you 22 years from the time you are 18.

Lawsuits can also be filed according to the law of discovery, which has to do with the delayed realization of sexual assault, or the physical and mental injuries caused by the incident. So, you can also file a sexual assault lawsuit within 5 years of discovering the harmful impact of what you endured. This is a crucial lifeline for adults who were abused as children. However, it took many years before they understood how their substance abuse, sexual dysfunctions, depression, and other problems were caused by these early incidents of sexual assault.

For more information on the amount of time you have for a lawsuit, contact our team of sexual assault lawyers in Los Angeles.

Other Pages on Our Website Related to This Topic
Uber Lyft sexual assault
Los Angeles Sexual Assault Defense Attorneys
Uber Lyft sexual assault attorney