Upland Sexual Abuse Lawyer

Victims of sexual abuse, irrespective of whether they are children or adults, are within their rights if they pursue a civil lawsuit against their abuser. Besides the provision for criminal prosecution, the California legal system offers a civil cause of action to enable sexual abuse victims to seek financial compensation from their abuser or the entities that enabled them.

Due to the lower burden of proof demanded in civil cases, a civil lawsuit can bring justice to a victim even when there is lack of evidence to pursue a criminal case. Civil lawsuits are also a means by which the perpetrators can be held accountable and victims can cover financial requirements for medical expenses and therapy as well as general pain and suffering.

However, filing a lawsuit without retaining a compassionate and capable personal injury attorney at the start can leave you without a satisfactory settlement at the end. Contact an experienced Upland sexual abuse lawyer for a confidential in-person case review if you or a loved one experienced sexual assault or abuse.

Statute of Limitations for Upland Sexual Abuse Cases

According to California law, there are many types of sexual abuse, but they are broadly categorized into two areas: sexual assault and battery and childhood sexual abuse. The chief differentiator between these two categories is the age of the victim.

According to California law, civil lawsuits for child sexual assault must be filed within eight years from the date the victim reaches the age of majority. If the victim is an adult at the time that they discover the causal connection between the sexual abuse and their injuries, they must generally file suit within three years of the date they discovered or reasonably should have discovered an underlying physical or psychological injury or illness stemming from their experience.

If both circumstances apply, plaintiffs are bound by whichever period of time ends later. An Upland sexual abuse attorney can establish how these laws may apply to an individual plaintiff’s case.

What Constitutes Child Sex Abuse?

Child sexual abuse may incorporate touching and non-touching behavior. It is considered sexual assault if someone intentionally touches a child’s groin, buttocks, genital area, inner thighs, or breasts. Sexual assault may also involve touching of the clothing that covers these parts, or a perpetrator making a child touch these parts on the perpetrator’s body in an attempt to derive sexual gratification or arousal.

Non-touching behavior such as intentionally masturbating while the child is present is also considered child sexual abuse. There may or may not be any involvement of physical force. Civil lawsuits based on sexual exploitation, meanwhile, may stem from prostitution or in the use of children to model or pose for photos, films, paintings, drawings, and other types of pictorial depictions that involve obscene sexual conduct.

Holding Other Parties Accountable

First and foremost, the actual perpetrator or abuser is almost always the primary defendant in a sexual abuse lawsuit. However, various other parties and entities may bear some degree of liability as well. With the help of a sexual abuse lawyer in Upland, plaintiffs may be able to recover from one or more of the following parties depending on the circumstances:

  • Adults who had knowledge of the abuse yet did not act on it
  • A supervisor or employer who negligently retained, supervised, or hired an abusive employee
  • School teachers, board, and faculty who ignored complaints about the abuser
  • Church officials who tried to cover up abuse despite knowing something illegal was occurring
  • A caregiver who looked the other way
  • An authority figure such as a sports coach or scout leader who exploited their role

Let an Upland Sexual Abuse Attorney Help

An Upland sexual abuse lawyer could work with you to bring the perpetrator of sexual abuse or assault into the limelight and seek justice on your behalf. To get a handle on your options and determine what damages you may be able to obtain, call today to schedule a private consultation.