Recourse for Sexual Abuse Victims

Feb 22,2018

Sexual abuse is an ongoing problem across the U.S. Recent cases, such as the Larry Nassar case, have brought the issue into focus. Victims have been emboldened to come forward and formally accuse their abusers, which has resulted in criminal charges for some, and civil lawsuits against others.

Civil Lawsuits Against Sexual Abusers

In California, sexual abuse victims have a right to sue their abusers for damages through a civil lawsuit. Abusers can also face criminal charges if prosecutors decide to pursue the case. Fortunately, California’s 10 year limit on rape and sexual assault charges was revoked in 2016. Abusers can no longer be protected from liability by the passage of time.

California also passed a campus sexual assault bill in 2014, which required schools to adopt an “affirmative consent standard.” This means that consent is defined as clear and ongoing consent, and not just the absence of resistance. The law also clarifies that someone who is drugged, drunk, unconscious or asleep is incapable of consenting.

Compensation for Sexual Assault Victims

Through civil lawsuits, victims of assault can seek compensation from their abusers. A victim can pursue compensation for physical, mental and emotional damages. Because most liability insurance policies do not cover intentional acts like assault, the abuser would have to pay the damages out of their personal assets. If these do not amount to much, it can be difficult to collect compensation. However, in some cases, victims can sue additional responsible parties and recover more damages. These could be businesses, school districts, or other entities that shared responsibility for the assault. These parties could be found liable if they failed to provide adequate security, or willfully covered up the abuse.

“Victims of sexual abuse deserve to have their voices heard, and to receive compensation for their losses. While no amount can make up for what they have lost, compensation can help victims pay for treatments like therapy, to help them heal emotionally,” said Attorney Walter Clark, founder of Walter Clark Legal Group.

Our firm has been handling personal injury cases throughout the California Low Desert and High Desert communities for over 30 years. With a 95% success rate, the California personal injury attorneys at Walter Clark Legal Group will fight to hold those responsible for your loss accountable and win compensation to cover medical bills, lost wages, and pain and suffering. If you have been injured and want to discuss your legal options, contact us today for a free consultation with an experienced personal injury lawyer. We have offices in Indio, Rancho Mirage, Victorville, and Yucca Valley and represent clients through the entire California Low Desert and High Desert communities.

DISCLAIMER: The Walter Clark Legal Group blog is intended for general information purposes only and is not intended as legal or medical advice. References to laws are based on general legal practices and vary by location. Information reported comes from secondary news sources. We do handle these types of cases, but whether or not the individuals and/or loved ones involved in these accidents choose to be represented by a law firm is a personal choice we respect. Should you find any of the information incorrect, we welcome you to contact us with corrections.