What If the Abuser Was Never Charged? Your Civil Options in California

If the abuser was never charged, civil options may still exist in California. A civil lawsuit for sexual abuse or assault is separate from any criminal case and does not require an arrest or conviction. Survivors may also be able to seek a restraining order, which is a civil court order, or financial help from the California Victim Compensation Board (CalVCB).

If the person who abused you was never arrested or charged, you may still have legal options in California. A civil lawsuit for sexual abuse or assault does not depend on a criminal case. You may also be able to seek a restraining order or financial help from the state's victim compensation program.

The Criminal System and the Civil System Are Separate

In California, a criminal case belongs to the state. The district attorney or city attorney decides whether to file charges, and may decline a case for reasons that have nothing to do with whether the abuse happened.

A criminal conviction requires proof beyond a reasonable doubt. A civil case uses preponderance of the evidence, which means more likely than not. That gap is why a decision not to prosecute, or even a not-guilty verdict, does not prevent a civil lawsuit. Our guide to civil vs. criminal sexual abuse cases covers the differences in more depth.

California's victims' rights framework, including Penal Code § 679 and following and Marsy's Law, declares the Legislature's intent "to ensure that all victims and witnesses of crime are treated with dignity, respect, courtesy, and sensitivity." Those rights do not create a civil claim on their own.

Civil Lawsuits: Seeking Accountability Without a Criminal Conviction

A civil lawsuit is brought by the survivor, not the state, and asks a court to award damages. Common causes of action include:

• Battery: intentional harmful or offensive contact.
• Assault: causing someone to fear such contact is about to happen.
• Intentional infliction of emotional distress: extreme conduct that causes severe emotional harm.
• Sexual battery under Cal. Civ. Code § 1708.5.

Nothing in Section 1708.5 requires an arrest or a conviction. Subdivision (b) states:

"A person who commits a sexual battery upon another is liable to that person for damages, including, but not limited to, general damages, special damages, and punitive damages."

Compensatory damages can cover medical and therapy costs, lost earnings, and emotional suffering; punitive damages may be available in some cases.

When a school, church, youth organization, employer or other institution failed to supervise an abuser or ignored warning signs, that institution may also be named, under theories such as negligent supervision and failure to protect. Different rules apply to public entities. See our guide to institutional sexual abuse.

California's Extended Statutes of Limitations for Abuse Survivors

Abuse that happened in childhood. Under Cal. Code Civ. Proc. § 340.1, there is no time limit for childhood sexual abuse occurring on or after January 1, 2024. For abuse on or before December 31, 2023, the deadline is the law as it stood on that date: until the survivor turns 40, or five years from when the survivor discovered or reasonably should have discovered that an injury was caused by the abuse, whichever is later. AB 218 (2019) also opened a three-year revival window that closed December 31, 2022.

A childhood sexual abuse claim under § 340.1 against a local public entity generally does not have to be presented to the entity before filing. Claims against the State follow different rules.

Sexual assault as an adult. Under Cal. Code Civ. Proc. § 340.16, the deadline is the later of 10 years from the last act of assault, or three years from when the survivor discovers or reasonably should have discovered that an injury resulted from it. It is "not necessary that a criminal prosecution or other proceeding have been brought." Section 340.16(b)(3) revived otherwise time-barred claims based on assault occurring on or after January 1, 2009, allowing them to be filed until December 31, 2026. It does not revive a claim already litigated to finality, or one settled in writing, before January 1, 2023. See our page on adult sexual assault.

Other personal injury claims. Cal. Code Civ. Proc. § 335.1 sets a general two-year deadline for assault, battery and similar injuries.

Tolling. California law can pause a deadline in some circumstances, such as certain periods of legal incapacity.

The full picture is in our California sexual abuse statute of limitations guide.

Restraining Orders: Civil Protection That Does Not Require Criminal Charges

A restraining order is a civil court order available whether or not anyone was arrested.

When the abuser is a spouse, former spouse, cohabitant, dating partner or close family member, the order is a Domestic Violence Restraining Order under the Domestic Violence Prevention Act, Cal. Fam. Code § 6200 et seq.

Otherwise, a Civil Harassment Restraining Order under Cal. Code Civ. Proc. § 527.6 may apply. Harassment includes "unlawful violence, a credible threat of violence, or a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person."

A Temporary Restraining Order can often be granted the day the petition is filed; a hearing on a longer order follows. The California Courts Self-Help Guide has the forms. Fees may be waived using form FW-001.

Under Cal. Pen. Code § 273.6, an intentional and knowing violation of these orders is a crime.

California Victim Compensation: Financial Help Even Without a Police Report

The California Victim Compensation Board (CalVCB) reimburses certain crime-related costs, such as therapy, medical treatment, lost wages, and relocation. Applying does not prevent a civil claim. A conviction is not required. CalVCB generally asks for a police report, with exceptions for sexual assault and domestic violence survivors. Applications are generally due within three years of the crime, with exceptions. See victims.ca.gov.

What Survivors Can Do Right Now

Records such as medical and therapy records, messages, and journals can matter even years later, but many survivors kept nothing, and a case can be built in other ways. The absence of a police report or criminal charge does not disqualify a claim. Consultation communications are protected by attorney-client privilege.

Justice for Survivors handles civil claims for survivors of sexual abuse and sexual assault in California. Our overview of a California sexual abuse lawsuit explains how a civil case proceeds.

If You Have Questions, Privately

If the abuser was never charged, you may still have the right to pursue a civil claim in California, against the individual and, in some cases, against an institution that should have prevented the harm. Through a civil claim, the law allows a survivor to seek compensation for emotional harm, therapy and medical costs, lost income, and other damages the law permits, and to seek the justice a court judgment represents. Because California extended and revived its deadlines, options may exist even when the abuse happened many years ago.

A confidential case review with Justice for Survivors looks at which deadlines may apply, who could be named, and what a claim might involve. It is free, private and carries no obligation. Nothing needs to be organized first, and no one has to describe what happened in order to ask.

To ask a private attorney what this means for your situation, call Justice for Survivors at (866) 694-1630 for a confidential case review.