California Sexual Assault and Battery Attorney

Sexual assault and battery claims in California that can result in civil liability for monetary damages are clearly stipulated by law. For expert help call us at 800-816-1529.

Attorney in California for Sexual Assault and Battery Claims

Sexual assault and battery claims in California that can result in civil liability for monetary damages are clearly stipulated by law. In fact, California law provides a precise definition of “sexual battery” and provides victims with specific legal remedies. Notably, while the criminal definitions are similar, these statutes apply specifically to tortious conduct (i.e., wrongful acts for which the law permits a civil cause of action to be brought for monetary damages).

Call The Law Office of Norman Gregory Fernandez & Associates for help 800-816-1529.

How Does California Law Define Sexual Assault and Battery Claims for the Purposes of a Civil Action Seeking Monetary Damages?

To establish liability, a plaintiff (person filing a personal injury lawsuit) must demonstrate the following three elements:

ONE: That the defendant(s) (persons against whom the action is brought) intended to cause a harmful or offensive contact with the plaintiff’s “sexual organ, anus, groin, buttocks or breast,” and a sexually offensive contact with the plaintiff resulted, either directly or indirectly; [OR] That defendant(s) intended to cause a harmful or offensive contact with plaintiff by use of defendant(sexual )’s organ, anus, groin, or breast, and

Two: the plaintiff did not consent to the touching; and three: the plaintiff was injured or offended by the conduct of the defendant.

Section 1708.5 of the California Civil Code is cited source:

In accordance with the laws of the State of California, a “sexual battery” occurs when either harmful sexual touching or offensive contact occurs, or when the victim is placed in imminent fear of such touching. However, lack of consent and actual harm suffered, or offense committed are also factors. “Generally speaking, one who consents to a touching cannot recover in a battery action. … However, it is well-known that consent can be subject to conditions. If the actor violates the consent’s terms or conditions, the consent does not shield the actor from liability for the excessive act.” King v. Ashcraft (1991) 228 Cal.App.3d 604, 609-610 In other words, if consent was initially given for intimate contact, but then the perpetrator engages in more aggressive sexual behavior, the defense of consensual sex cannot be used.

What legal remedies are available to victims of sexual abuse under California law?

Sexual assault and battery victims are entitled to a variety of statutory remedies. “A person who commits sexual battery against another is liable for damages, including but not limited to general damages, special damages, and punitive damages.” In an action brought pursuant to this section, the court may grant equitable relief, including, but not limited to, an injunction, costs, and any other relief it deems appropriate.” Section 1708.5 @ subsections (b) and (c) of the California Civil Code is cited as the source (c).

General damages are compensation for physical pain and emotional suffering resulting from a physical or mental injury. Special damages include all out-of-pocket expenses, such as the cost of rape trauma care and current and future psychiatric counseling and treatment. The purpose of punitive damages is to punish the defendant for conduct that is deemed malicious or intended to cause harm, as well as to deter similar behavior in the future. Included in “equitable damages” are injunctions such as “stay away” orders.

What if the sexual assault or sex abuse occurs at work or in an institution such as a school, hospital, church, or community group? Who is at fault?

Sexual abuse occurs frequently in the workplace or in institutional settings such as schools, churches, hospitals, or community organizations such as the Boy Scouts and Girl Scouts, or similar groups. This is due to the fact that these environments permit direct interaction between adults and children or intimate contact between an employee and a victim (such as a patient being sexually assaulted by an employee of a nursing home, hospital, or medical facility). Obviously, if the above elements can be proven, the attacker can be held accountable, but what about their employer?

Here Employers may be held liable for a civil judgment under California law if they were negligent in hiring, retaining, or supervising an employee. (See California Instruction 426 for Civil Jury). This requires evidence that the employer knew or should have known about the employee’s “incapacity” to perform their job. Typically, such evidence is gleaned from the employee’s background check or previous similar or identical actions for which the employer either knew or “should have known.”

Why is it Important to Retain Quality Legal Representation Following a Sexual Assault?

While the preceding statute outlines fairly straightforward rules and legal remedies for victims of sexual assault, it is much more difficult to investigate and collect evidence to prove these elements.

Holding both the perpetrator and their employer liable for payment of compensation (if possible) may require additional evidence of negligent hiring, supervision, or retention, as well as other legal theories of recovery. A proper prosecution of a sexual assault and abuse claim requires a substantial investment of time and resources.

To obtain fair and adequate compensation for the victim, a seasoned attorney with a proven track record of success in the proper legal procedures for sex claims is essential.

Contact Information

Call The Law Office of Norman Gregory Fernandez & Associates for a No-cost Consultation, call 800-816-1529. Se Habla Español

Civil actions for sexual assault

In California, sexual assault is the criminal act of forcing unwanted sexual contact upon another person. Depending on the circumstances, it is punishable by up to four years in prison and a $10,000 fine. While it may be satisfying to see your sexual assaulter incarcerated, that satisfaction does not cover your medical expenses, counseling bills, or pain and suffering. Fortunately, California law permits a victim of sexual assault and battery to file a civil lawsuit against the perpetrator.

What is Sexual Assault?

Sexual assault involves unwanted and harmful sexual contact. It is similar to traditional civil battery, but the touching must be sexual in nature. In California, there are three ways to commit sexual battery:

• The perpetrator intended to cause a harmful or offensive contact with an intimate part of another person, resulting in a sexually offensive contact;
• The perpetrator intended to cause a harmful or offensive contact with another, using his or her own intimate part, resulting in a sexually offensive contact; or
• The perpetrator acted to cause the fear of a harmful or offensive sexual contact, resulting in a sexually offensive contact.

A sexual organ, anus, groin, buttocks, or breast are considered “intimate parts” for the purposes of sexual battery suits. Physical touching that offends a reasonable sense of personal dignity is referred to as “offensive contact.” To prevail in a civil battery suit, the touching must have caused the victim actual harm or offense. It is not enough that the contact was of the type that would cause harm to a typical person.

Civil actions for sexual battery do not require a criminal conviction. In fact, recovering in a civil lawsuit is easier than convicting someone of a crime because the burden of proof, or level of persuasion required, is lower in a civil case than in a criminal one.

Consent

Consent is an important factor to consider in sexual battery cases. If the victim consented to the touching, recovery is impossible. Consent is therefore a common defense. Nevertheless, individuals may restrict their consent without jeopardizing their civil battery claims. If a victim consents to some touching, but limits the scope of consent, and the batterer exceeds the scope of consent, the victim may be able to recover damages.

Recovery

Victims of sexual assault are entitled to both monetary compensation and equitable relief. Damages may include reimbursement for medical expenses, pain and suffering, and counseling costs. Equitable relief typically entails an injunction or civil protective order intended to safeguard the victim. Usually, injunctions prohibit the perpetrator from coming within a certain distance of the victim, but they can be significantly more restrictive at times.

Victims of sexual assault may experience both psychological and financial hardships as a result of its far-reaching effects. If you have been the victim of a sexual assault, please contact the California personal injury attorneys at The Law Office of Norman Gregory Fernandez & Associates at 800-816-1515 for a free consultation.

Get Help Now

The Law offices of Norman Gregory Fernandez & Associates has over 25 years experience handling personal injury cases all over the state of California. We have handled thousands of cases and obtained millions of dollars in settlements and judgments for our clients. Call now for a no pressure free consultation with an actual attorney. 800-816-1529 extension 1. 

You can download our California Accident App for iOS and Android by clicking here and visiting our California Accident App page. This application will allow you to record and transmit all information related to your California Sexual Assault and Battery Injury case to our office.