Sexual abuse is a term that carries serious legal and personal implications, yet many people are unclear about what it truly entails. Sexual abuse is defined as non–consensual touching of intimate body parts for the purpose of sexual gratification.
Coming forward after sexual abuse is never easy, but you don’t have to seek justice alone. A Los Angeles sexual abuse lawyer can listen to your story and help you take legal action.
What Defines Sexual Abuse in California?
In California, sexual abuse is broadly defined as any sexual contact that occurs without consent. State law outlines several forms of sexual abuse, including:
- Sexual assault: This refers to acts where someone intentionally touches someone else in a sexual manner without their consent. Depending on the circumstances, it can be classified as rape or molestation.
- Child sexual abuse: Any sexual activity involving a minor is considered abuse under California law, regardless of whether the minor appears to consent.
- Incest: Sexual acts between close family members are prohibited and treated as sexual abuse in California.
- Sexual exploitation: This includes activities such as producing or distributing sexual images of someone without consent, coercing someone into sexual activity for financial gain, or other forms of manipulation and control.
Consent is a key factor when it comes to defining sexual abuse. In California, consent must be informed, voluntary, and given without coercion.
Legal Consequences of Sexual Abuse in California
In California, individuals accused of sexual abuse may face criminal prosecution, civil lawsuits, or both. Criminal penalties can vary based on the severity of the act, the age of the victim, and prior offenses.
That said, common penalties include:
- Imprisonment: Offenders can be incarcerated for anywhere from a few years to life.
- Fines and restitution: Offenders may be required to pay fines or compensate you for damages.
- Mandatory registration: Certain sex crimes require offenders to register as sex offenders.
As a survivor, you also have the right to pursue a personal injury case, which can lead to financial compensation for medical expenses, therapy, lost wages, and emotional distress.
How to Report Sexual Abuse in California
Reporting sexual abuse is critical when it comes to protecting yourself and others. In California, you can notify:
- Law enforcement: Contacting local police or the sheriff’s department initiates a criminal investigation.
- Child Protective Services (CPS): Mandated reporters, such as teachers or doctors, must report suspected abuse of minors to CPS.
- Hotlines: Organizations like the California Victim Compensation Board and RAINN provide confidential reporting options and support services.
Though it’s difficult, it’s important to report abuse as soon as possible, not only to prevent further harm but also to preserve evidence that may be crucial to your case.
What Types of Evidence Do You Need for a Sexual Abuse Case?
Evidence plays a critical role in sexual abuse cases. Important types of evidence include:
- Medical records: These records provide documentation of your injuries, medical exams, and treatments related to the abuse and can serve as crucial proof in court.
- Witness statements: Testimonies from anyone who saw the abuse or observed suspicious behavior can help corroborate your account and strengthen your case.
- Photographs and videos: Visual evidence of injuries, abuse, or threatening behavior can clearly demonstrate the impact and nature of the abuse.
- Text messages, emails, or social media: Written or digital communications showing threats, coercion, or admissions by the abuser can establish intent and patterns of abuse.
- Personal journals or diaries: Detailed accounts written by you can provide a timeline of the abuse and document its emotional and psychological impact.
How Much Is a Sexual Abuse Case Worth?
How much you can get for sexual abuse depends on the circumstances of the abuse, the severity of your injuries, and the long-term impact of the abuse on your life. Settlements and verdicts can range from tens of thousands to millions of dollars.
Factors that will dictate your case’s value include:
- Medical expenses: Cases often account for both past and future medical costs, including hospital visits, surgeries, therapy, and ongoing treatment for physical or psychological injuries.
- Emotional and psychological impact: Courts may award damages for trauma, anxiety, depression, and other mental health issues resulting from the abuse.
- Lost income or earning capacity: If your ability to work has been affected by the abuse, you may receive compensation for lost wages and reduced earning potential.
- Punitive damages: In some cases, the court may award special damages known as punitive damages in order to punish the abuser for particularly egregious behavior.
Talk to a Sexual Abuse Lawyer
California’s legal system is designed to empower survivors, hold offenders accountable, and promote a safer, more informed community.
If you were the victim of sexual abuse, a sexual abuse attorney from Omega Law Group Accident & Injury Attorneys can help gather evidence to strengthen your case and pursue compensation on your behalf.
Schedule a free consultation to take the first step toward justice.