Sexual assault is an indefensible act. It can leave victims life-long emotional and mental suffering in addition to physical injury. Thankfully, perpetrators may be held accountable in criminal court. But sexual assault victims in San Diego, CA, also have the right to seek compensation through the civil court system in Southern California.
You may be entitled to compensation from your attacker and anyone whose negligence or wrongdoing contributed to your assault.
Mission Personal Injury Lawyers has spent over 25 years fighting for assault victims in San Diego County. Contact our law firm in San Diego or call us at (619) 777-5555 to schedule a free case review with a San Diego sexual assault lawyer to find out how we can help you.
How Mission Personal Injury Lawyers Helps Sexual Assault Victims in San Diego, CA
Sexual assault is a traumatic and horrifying crime that may leave you with physical, emotional, and psychological injuries. Your attack may cause life-long harm, such as disease transmission, PTSD, physical impairment, and more. A criminal case may bring you justice, but most sexual assaults do not result in conviction. Moreover, criminal proceedings do not address the assault’s financial toll on your life.
Mission Personal Injury Lawyers is committed to helping sexual assault victims in San Diego, California, seek justice through the civil court system. We will help you hold the perpetrator and any other liable parties accountable for your medical bills, lost wages, ongoing counseling, and pain and suffering.
Our firm’s successful representation of injured clients has earned us the Martindale-Hubbell “AV Preeminent” rating and a “10.0 Superb” rating from AVVO. Our personal injury lawyers in San Diego have also been recognized as Top 100 Trial Lawyers. So, you know we aren’t afraid to take your attacker to trial.
Count on our law firm to:
- Give you the personal attention, support, and legal advice you need
- Investigate your assault to identify parties who may be liable
- Work with specialists to strengthen your case and document the extent of your damages
- Negotiate on your behalf to seek a fair settlement offer
- Take your case to court if necessary to help you seek the justice you deserve
Contact the San Diego sexual abuse attorneys at Mission Personal Injury Lawyers today to discuss how we can help you. You pay nothing out of pocket for the legal representation you deserve. We will help you focus on healing while we fight for the fair compensation you need.
What is Sexual Assault in California?
Sexual assault is a serious sex crime under California law. California law covers many types of illegal sexual conduct.
The two primary forms are rape and sexual battery:
- Rape: California Penal Code Section 261 PC defines rape as any non-consensual sexual intercourse. This includes actions accomplished through guile, false pretenses, alcohol, drugs, menace, duress, fear, or violence.
- Sexual battery: California Penal Code Section 243.4 PC defines sexual battery as touching the intimate area of another person without consent for purposes of abuse, arousal, or sexual gratification.
There are many statutes that address other forms of sexual abuse, violence, and assault, such as forcible penetration with a foreign object (PC 289) and forcible oral copulation (PC 287). Certain individuals, including children and seniors, have additional protection under California law.
How Common is Sexual Assault in San Diego, California?
Sexual assault can happen anywhere and to anyone. It may be committed by a stranger, a family member, an acquaintance, or even a medical provider. In 2005, The Department of Justice National Crime Victimization Study found that 73% of sexual assaults are committed by someone known to the victim. According to the study, around 28% of rapes are committed by an intimate partner and 38% by an acquaintance or friend.
Children and nursing home residents are among the most vulnerable to sexual abuse. These assaults often go unreported.
Sexual assault in nursing homes, for instance, is a common and often invisible problem. It’s estimated that 75% of female victims of sexual assault over 60 are assaulted in a nursing home. In 2008 alone, the California Office of the Long Term Care Ombudsman received almost 2,800 abuse and neglect complaints, 359 of which involved sexual abuse. People with disabilities are up to 5x more likely to suffer sexual assault than the general population.
Between 2013 and 2014, the County of San Diego Child Welfare Services received over 40,000 reports of child abuse or neglect, affecting almost 76,000 kids. Around 23% of allegations involved sexual abuse.
Someone in the U.S. is sexually assaulted every 2 minutes. An average of 238,000 victims of sexual assault are at least 12 years old. In 2019, there were 14,799 reported cases of forcible rape in California.
In San Diego, there were 2,954 rapes reported to the San Diego Police Department between 2013 and 2019. Only 279 resulted in an arrest. The 92101 zip code, including downtown, had the highest number of reported rapes (429), followed by the Pacific Beach area (201), then Mid-City and City Heights (384). In 20% of reported rape cases, the victim was unconscious or drugged.
It is estimated that three out of every four sexual assaults are not reported to the police. Among female college-age students, 32% of non-students report their assault compared to 20% of female students. In the military, 43% of female victims of sexual assault report their attack compared to just 10% of male victims.
Can I File a Personal Injury Lawsuit After Sexual Assault in San Diego, CA?
Many people consider sexual assault a criminal matter. However, California law allows victims of sexual assault and rape to pursue a civil claim against responsible parties because sexual assault is a “tort.”
Tort refers to wrongful actions of one person that cause another harm. Intentional torts are purposeful wrongful acts, including assault, battery, and false imprisonment.
Someone who commits sexual assault may face criminal consequences. However, even if they are not convicted, they can be held liable in civil court for the victim’s damages.
Sexual assault victims can also seek compensation from other responsible parties under California’s premises liability law. If your assault occurred on someone else’s property, you may be able to hold the property owner financially liable for the damages you suffered.
These premises liability claims may involve negligent security at a bar, nightclub, school, college, or apartment building. Alternatively, they may deal with a hotel owner or landlord who failed to install or repair locks in their building. They may also involve a public or commercial property owner who fails to offer proper lighting in their parking lot.
Sometimes other third parties can be held liable, such as an employer who was negligent in hiring or supervising an employee who committed a sexual assault.
Contact the San Diego sexual abuse lawyers at Mission Personal Injury Lawyers today to discuss whether you may have a civil case related to your assault.
What Compensation Can Sexual Assault Victims Recover in San Diego?
A successful tort action allows you to recover compensation for the economic damages and non-economic damages you suffered.
A San Diego sexual assault case may allow victims to recover the following types of damages:
- Medical expenses, including future anticipated medical bills
- Lost wages for time off work
- Diminished earning capacity if your injuries will leave you impaired or disabled
- Pain and suffering
- Mental anguish
- Emotional distress
- Disfigurement or scarring
Mission Personal Injury Lawyers is committed to helping you seek fair compensation for your losses. While compensation cannot erase the physical, emotional, and psychological toll of your attack, it can help you receive the care you need moving forward.
We Will Fight for Compensation for all the Sexual Assault Injuries You Sustained
At Mission Personal Injury Lawyers, we understand that sexual assault is not simply a physical assault. It may leave you with life-long emotional and psychological injuries. It can also result in an unplanned pregnancy or sexually transmitted disease, both of which can have a significant impact on the rest of your life.
The sexual abuse lawyers at Mission Personal Injury Lawyers represent assault victims who have suffered injuries such as:
- Broken bones
- Injuries from force or foreign objects
- Sexually transmitted diseases
- Unwanted pregnancy
- Post-traumatic stress disorder (PTSD)
Mission Personal Injury Lawyers will help you fight for compensation for all the injuries you suffered. Contact our law firm today so we can help you hold the perpetrator and any other responsible parties accountable.
What Is the Deadline to File a Civil Lawsuit for Sexual Assault in California?
California law limits the amount of time you have to file a personal injury lawsuit after an assault. Under California Code of Civil Procedure Section 335.1, the statute of limitations for intentional tort injury claims is just two years. If you miss this deadline, you can be barred from recovering anything.
You do not need to wait for the conclusion of a criminal trial. You can file a civil lawsuit even if prosecutors do not bring charges against anyone. Contact Mission Personal Injury Lawyers today for a free consultation with a San Diego sexual assault lawyer who can help you build a case for fair compensation.
Contact a San Diego Sexual Assault Lawyer for a Free Consultation
A civil sexual assault lawsuit can’t erase the harm you have suffered, and it can’t hold the perpetrator accountable under criminal law. However, some assault victims find that a civil lawsuit gives them the sense of justice they need, especially when criminal charges fail to result in conviction.
At Mission Personal Injury Lawyers, we will help you pursue compensation to cover your medical expenses and ensure you get the counseling and care you need moving forward. Contact our law office today for a free case review with a compassionate San Diego sexual assault lawyer who can help you.
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