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Victims of sexual abuse often struggle with physical, mental, and emotional injuries. If you or a loved one are grappling with the aftermath of a sexual assault, you may be wondering if you have other options for legal recourse – even if the perpetrator is facing criminal charges. Victims of sexual assault can and do file civil lawsuits against their perpetrators – here is what you need to know.
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There are two avenues for justice after a sexual assault: in criminal court and in civil court. In a criminal trial, a defendant may face prison time and even additional fines. The Civil justice system, on the other hand, allows the victim to pursue their own money damages against the defendant or others who may be responsible. There are three types of damages available to plaintiffs:
Due to the horrifying nature of these crimes, juries often award high damages for pain and suffering. However, the perpetrator’s personal assets may not be sufficient to cover these damages. In some cases, victims may be able to file a civil action against a third party, in addition to the perpetrator of a crime. Some examples include:
An employer who knowingly allowed or failed to prevent an employee from using their position to victimize someone
A personal injury attorney can help you determine who shares responsibility for your injuries.

On October 13th, California Governor, Gavin Newsom, signed bill AB 218 into law, impacting thousands of sexual abuse survivors who now have the right to file a lawsuit towards obtaining justice.
AB 218 enacts the following changes:
If a cover-up was involved, AB 218 provides courts with the latitude to force defendants to pay up to three times the amount of actual damages to a plaintiff (treble damages)
There are two legal concepts by which sexual assault victims can gain compensation in civil court. One of the following legal theories generally applies:
In some cases, you may use evidence from a criminal trial in a civil proceeding, which could make the process easier. However, there is no need for a criminal charge in order to bring a civil claim. Also, it is generally easier to prevail in a civil proceeding, as the standard of proof is much lower. Unlike a criminal trial, which seeks to prove a defendant’s guilt or innocence “beyond a reasonable doubt,” a civil trial seeks to answer if it was “more likely or not” that an incident occurred.
Sexual assault is a traumatic experience, one that can have an impact on every aspect of your life. If you or a loved one has been a victim of sexual assault, and you believe that you have grounds for a civil suit, please contact our office to schedule your free case evaluation today.
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Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.
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