A California sexual assault lawyer helps a survivor bring a civil claim: a private lawsuit, filed by the survivor, that seeks compensation from the person responsible and, in many cases, from a school, employer, church or other institution that failed to prevent the harm.
Justice for Survivors is a California law firm that handles civil claims for sexual assault and sexual abuse, including childhood abuse and claims against the institutions where abuse happened.
Civil Claims vs. Criminal Cases: Two Separate Paths
A criminal case is brought by the State of California, through a district attorney, to decide whether someone committed a crime and should be punished. The survivor is a witness in that case, not a party, and the prosecutor decides whether to file charges.
A civil claim belongs to the survivor. California law gives survivors a direct civil cause of action for sexual battery under Cal. Civ. Code § 1708.5, and the person responsible is liable for damages under that section. Other civil claims, such as negligence against an institution, can be brought alongside it.
- A civil claim does not need a criminal case. It can proceed whether charges were never filed, were dropped, or ended in an acquittal. California's sexual assault limitations statute says expressly that no prosecution or conviction is required.
- The standard of proof is lower. A criminal conviction requires proof "beyond a reasonable doubt." A civil claim uses "preponderance of the evidence," which means showing that something is more likely true than not.
- The outcomes are different. Criminal cases can lead to incarceration or registration. Civil cases lead to money damages paid to the survivor, and sometimes court orders.
A fuller comparison is in our guide to civil vs. criminal sexual abuse cases.
What California Law Allows Survivors to Recover
Every case is different, and no honest attorney can predict a number in advance.
Economic damages cover losses that can be documented: therapy and mental health treatment, medical care, lost earnings, reduced ability to work in the future, and the cost of care a survivor may need going forward.
Non-economic damages cover harm that has no receipt: emotional distress, pain and suffering, and loss of enjoyment of life.
Punitive damages are an additional award meant to punish and deter. Under Cal. Civ. Code § 3294 they are available where it is proven by clear and convincing evidence that the defendant acted with oppression, fraud or malice. Against an employer based on an employee's acts, the statute adds conditions, such as advance knowledge of the employee's unfitness or ratification of the conduct by an officer, director or managing agent.
Claims against third parties can reach an institution, employer, school, religious organization or property owner whose own failures allowed the assault to happen.
Separately from any lawsuit, the California Victim Compensation Board (CalVCB) can help eligible crime victims with certain costs, such as counseling and medical bills.
California's Statute of Limitations for Sexual Assault Civil Claims
A statute of limitations is the deadline for filing a lawsuit. California has changed its sexual assault deadlines several times, and the correct rule depends on the survivor's age at the time and on when the conduct occurred.
Adult survivors. For an assault that occurred on or after the survivor's 18th birthday, Cal. Code Civ. Proc. § 340.16 generally allows a claim to be filed within the later of 10 years from the last act of sexual assault, or 3 years from when the survivor discovered, or reasonably should have discovered, that an injury resulted from it.
The revival window for older adult claims. AB 2777 (Stats. 2022, Ch. 442) added a window to § 340.16(b)(3). It revives claims based on conduct that occurred on or after January 1, 2009 that would otherwise be barred only because the deadline had passed, and those claims may be filed until December 31, 2026. It does not revive a claim that was litigated to finality, or settled in a written agreement, before January 1, 2023. More detail is in our guide to adult sexual assault.
Childhood sexual abuse. Claims for abuse that occurred before age 18 fall under Cal. Code Civ. Proc. § 340.1, which covers both the person who committed the abuse and any person or entity whose negligent or intentional conduct was a legal cause of it. For abuse occurring on or after January 1, 2024, there is no time limit. For abuse occurring on or before December 31, 2023, the earlier rule still governs: generally until the survivor's 40th birthday, or five years from discovery of the injury, whichever is later. The full picture is in our California sexual abuse statute of limitations guide.