What Happens After You Contact a Sexual Abuse Lawyer in California

After you contact a sexual abuse lawyer in California, the process usually moves through five stages: a free, private first conversation, a review of whether a civil claim exists and is timely, an investigation the legal team carries out, the filing of a lawsuit, and discovery leading to settlement or, less often, trial. The legal team does most of the work.

Reaching out to a lawyer about abuse can feel like a large step, and many survivors are unsure what comes next or how much will be asked of them. This guide walks through each stage in order, so the process is less of an unknown before any call is made. It describes how the process generally works, not what will happen in any one case. It is written by Justice for Survivors, a California law firm focused on civil claims for childhood and adult sexual abuse, including claims against schools, religious organizations, youth programs, healthcare providers and public entities that failed to protect the people in their care.

Before You Start: What to Know Before the First Call

Nothing needs to be in place before a first conversation. A survivor does not need a police report, a prior criminal case, or a complete account of what happened to contact a civil attorney. The first call does not require describing the abuse at all. Questions can come first, and the survivor decides what to share and when.

A civil case is separate from criminal prosecution. A criminal case is brought by the state to punish an offender. A civil case is brought by the survivor to seek compensation from the person responsible and, often, from an institution whose failures allowed the harm. A survivor can pursue a civil claim whether or not charges were ever filed. The differences are set out in our guide to civil vs. criminal sexual abuse cases.

Privacy is part of the process from the start. California law generally protects confidential communications made to a lawyer for the purpose of getting legal advice, and that protection can apply to a first consultation even before anyone is hired.

Legal help and emotional support are different things, and many survivors use both. The RAINN National Sexual Assault Hotline, at 1-800-656-4673, offers free, confidential support at any hour.

Step 1: The Initial Consultation

The first contact is a conversation, not an interview under oath. Many civil sexual abuse attorneys offer it free and confidentially. The attorney listens. The survivor is not cross-examined and is not asked to recount every detail.

The attorney usually explains the civil process in plain terms: what a civil claim is and what it can seek, such as compensation for emotional harm, therapy and medical costs, and lost income.

The attorney may ask general questions about timing, such as roughly when the abuse occurred and how old the survivor was. That determines which deadline rules apply. The attorney may also ask whether an institution was involved, such as a school, church, youth program or employer.

There is no obligation to hire anyone after a consultation. Contacting a firm does not create an attorney-client relationship. The survivor controls the pace and can pause, stop, or continue at any point.

Step 2: Case Evaluation and Statute of Limitations Review

This is where the attorney works out whether a claim can proceed and against whom. Defendants may include the individual who committed the abuse and any institution that may bear legal responsibility. Common institutional theories include:

• Negligent hiring: an organization hired someone it knew, or should have known, posed a risk.
• Negligent supervision: an organization failed to reasonably oversee an employee or volunteer, or the setting where children or clients were placed.
• Failure to report or protect: an organization ignored warning signs or did not report suspected abuse it was required to report.

Section 340.1 allows claims against any person or entity that owed the survivor a duty of care if a wrongful or negligent act by that person or entity was a legal cause of the abuse. Our guide to institutional sexual abuse covers these theories further.

Childhood abuse deadlines. Under Cal. Code Civ. Proc. § 340.1, there is now no time limit for civil claims based on childhood sexual abuse that occurred on or after January 1, 2024. For abuse that occurred on or before December 31, 2023, the earlier rule still governs: a claim generally may be brought until the survivor turns 40, or within five years of discovering the injury caused by the abuse, whichever is later. The new no-time-limit rule did not revive older claims that had already expired. More detail appears in our guide to childhood sexual abuse.

Adult assault deadlines. Cal. Code Civ. Proc. § 335.1 sets a general two-year period for actions for assault, battery and personal injury. California also has separate, longer rules specific to adult sexual assault, along with a revival window open through December 31, 2026, for certain otherwise time-barred claims based on assault that occurred on or after January 1, 2009. Which rule applies depends closely on the facts, and our statute of limitations guide walks through them.

If a claim does not appear viable, the attorney explains why. The California Attorney General's office publishes information about victims' rights and services at oag.ca.gov.

Step 3: Investigation and Evidence Gathering

Once a claim looks possible, the legal team begins building it. The survivor does not have to locate or produce evidence alone.

Evidence is gathered by category, typically including:

• employment and personnel records of the person involved
• school, program or institutional records from the relevant period
• medical or therapy records, only with the survivor's written authorization
• prior complaints, reports or internal investigations about the same person

The team may also identify and contact witnesses: other survivors, former employees, or staff at the institution.

Where a child was involved, California's mandated reporting law can matter. Under Cal. Pen. Code § 11166, a mandated reporter, which includes many teachers, clergy, coaches and healthcare workers, must report known or reasonably suspected child abuse to the proper agency, with an initial report by phone immediately or as soon as practicable and a written follow-up within 36 hours. Whether an institution's staff met that duty can become part of the case. Section 340.1 also allows up to treble damages against a defendant proven to have covered up the abuse of a minor, defined as a concerted effort to hide evidence of it.

Step 4: Filing the Civil Complaint

A lawsuit formally begins with a complaint, a legal document filed with the California Superior Court that names the defendants and states the legal claims. Cases are generally filed in the county where the abuse occurred or where a defendant lives or does business. Procedure is governed by statute and the California Rules of Court, available through courts.ca.gov.

For a childhood abuse claim filed by a survivor who is 40 or older, Section 340.1 requires certificates of merit before filing: one from the survivor's attorney and one from a licensed mental health practitioner who has not treated the survivor. They confirm that there is a reasonable basis for the case.

Courts charge filing fees, and current schedules appear on the California Courts website. In many contingency cases the attorney advances these costs.

After filing, each defendant is formally served with the complaint and has a set period to respond. A complaint is generally a public record once filed. In appropriate cases a court may allow a survivor to proceed using initials or a pseudonym.

Step 5: Discovery, Negotiation, and Resolution

Discovery is the formal exchange of information between the two sides. It usually includes:

• Interrogatories: written questions each side must answer under oath.
• Document requests: demands for records, such as an institution's files.
• Depositions: recorded question-and-answer sessions under oath, held outside the courtroom.

A survivor may be deposed. The survivor's attorney is present throughout and prepares them in advance.

Many civil sexual abuse cases resolve through settlement before trial. A settlement is a negotiated agreement to end the case, not an admission that the claim was weak. Terms can include monetary compensation, confidentiality provisions where the survivor wants them, and in some cases changes to an institution's policies. If no settlement is reached, the case can proceed to trial before a Superior Court judge or jury. No stage guarantees a particular result.

How long the process takes. There is no standard length for a civil sexual abuse case in California. A case against a single individual may move more quickly, while cases involving large organizations, public entities, several survivors or an appeal often take longer. The factors covered in the steps above, such as how many defendants are named, how available records are, and whether a pre-suit claim is required, all affect the pace.

Under a contingency fee arrangement, the attorney's fee is a percentage of any recovery, paid when the case resolves, rather than an hourly bill. The specific terms are set out in a written agreement and explained before anyone signs.

When the Process Gets More Complex

The defendant is a public entity

A public school district, county or state agency follows special rules. The California Government Claims Act, Cal. Gov. Code § 910 et seq., generally requires a written claim to be presented to a government entity before a lawsuit, with strict deadlines. Section 910 lists what the claim must show, including the claimant's name and address, the date, place and circumstances of the occurrence, and a general description of the injury.

Childhood sexual abuse claims are treated differently. A claim under Section 340.1 against a local public entity, such as a school district, is exempt from claim presentation, and the local entity cannot substitute its own procedure. Claims against the State follow separate rules, and the exemption there reaches only conduct on or after January 1, 2024. Our guide to school sexual abuse covers public school claims.

Other complications

• The institution denies responsibility. A denial is a position, not a finding, and discovery exists to test it.
• Several possible defendants. Each defendant's role is evaluated separately.
• A dispute over deadlines. Which rule applies to which time period is often the center of that dispute.

If You Are Considering a Private Conversation

A survivor of sexual abuse in California may have the right to pursue a civil claim, against the person responsible and against an institution that failed to protect them. Through a civil claim, the law allows a survivor to seek compensation for emotional harm, therapy and medical costs, lost income, and other damages, along with the justice a claim may provide. Because California has extended and revived its deadlines, options may exist even when the abuse happened many years ago.

A first conversation is confidential, free and carries no obligation. Nothing needs to be organized first, and no one has to describe what happened in order to ask a question. The attorney typically asks general questions about timing and any institution involved, explains which rules may apply, and answers questions about the process and fees. A question can come by whichever channel feels safest.

To ask what this process would look like for your situation, call Justice for Survivors at (866) 694-1630 for a confidential case review.