Sexual abuse is something that stays with you your entire life. Even if the incident happened years ago, you can’t simply “move on” or forget it happened. Seeking justice now, years or even decades after the assault, can provide you a small amount of closure that may help you start to put the incident to rest.
In California, survivors of assault now have a significant amount of time to file lawsuits and seek compensation from their abusers. A Santa Ana sexual abuse lawyer can help you understand this process.
How Long Do You Have To File a Sexual Abuse Lawsuit in California?
It used to be that California sexual abuse survivors only had up to eight years to file lawsuits against their abusers. This California law changed in 2019, significantly expanding the timeline.
Now, survivors can seek damages for childhood sexual abuse either until they turn 40 or up to five years after discovering that a psychological illness or injury that developed after their 18th birthday was the result of sexual abuse. Whichever deadline is later applies to the case.
If you suffered abuse as a child, you have until at least the age of 40 to take legal action and seek compensation. A Santa Ana assault attorney can help you protect your rights to do so.
Is It Challenging To Sue Years Down the Line?
Many victims of sexual abuse hesitate to bring about legal action years later because they fear it will be challenging to win the case. They may not want to rehash the past or spark chaos, especially if the perpetrator is a family member.
Any Southern California abuse lawyer will tell you that pursuing legal action for sexual assault is worth your while if you have a strong enough case. While your case may be more challenging the longer you wait, taking action can provide immense peace of mind. It can also prevent the perpetrator from continuing their behavior.
Your child abuse lawyer in Santa Ana can help you gather evidence to support the defendant’s wrongdoing and the damages you suffered. While you may not have much physical evidence, you can use testimony from family members and friends who may have known about the incident when it happened. If the perpetrator had multiple victims, your victim rights attorney in Santa Ana can contact them to help bolster your case.
You will need to prove that the assault led to damages, such as:
- Medical bills
- Counseling/therapy costs
- Pain and suffering
- Emotional distress
Your Santa Ana sexual abuse lawyer can help you compile as much evidence as possible and enumerate your damages.
Can You Bring About Criminal Charges As Well?
Sexual abuse is a crime, which means your civil action may also give rise to criminal charges against the defendant. You do not need to be a part of their criminal trial if you prefer not. This trial will involve the state of California pursuing charges against the perpetrator, not you.
Note: To win a civil lawsuit, you just need to prove that it is more likely true than not that your claims are accurate. This means you can still win a civil case even if the perpetrator was found innocent in a criminal case, where the defendant is only guilty if the evidence is “beyond a reasonable doubt.”
Let Our Santa Ana Sexual Abuse Lawyers Help You Seek Justice
At Cifarelli Law Firm, we understand that bringing about a lawsuit as an assault survivor can be incredibly taxing. Allow our Santa Ana sexual abuse lawyers to represent you with compassion and handle as much of the process for you as possible. Call 949-409-6324 for a free consultation today.