Bringing a Civil Sexual Assault Lawsuit in California
In California, there are two different types of lawsuits that a victim of sexual assault or abuse can bring. Many times, criminal lawsuits are brought against the perpetrator, however, civil lawsuits are also another avenue that can provide a victim justice. The main difference between a criminal and civil lawsuit is that in a civil lawsuit one is suing the perpetrator for monetary damages. These monetary damages are in the form of not only compensatory damages for the emotional and physical injuries suffered but also punitive damages. Punitive damages (also known as exemplary damages) are awarded to a plaintiff on top of compensatory damages when a defendant has committed an outrageous act. Punitive damages “operate as ‘private fines’ intended to punish the defendant and to deter future wrongdoing.” See Nickerson v. Stonebridge Life Ins. Co. (CA 2016) 63 Cal.4th 363, 371, 203 (internal citations omitted). Punitive damages can be awarded in sexual assault cases due to the intentional, outrageous conduct of the abusers. (See Barovich v. Vogel, 19 Trials Digest 4th 10, 2001 WL 558087 (Cal.Super.) (where plaintiff received $1,600,000 in punitive damages and $790,000 in emotional distress damages from defendant, her employer, who repeatedly sexually abused plaintiff).
To pursue a civil lawsuit in a sexual assault matter is not connected to whether there is a criminal prosecution or not. It is in an individual lawsuit brought by a personal injury attorney that specializes in sexual assault, regardless if there is a criminal prosecution against the abuser. Further, in civil sexual assault cases, the lawsuits can be brought not only against the individual perpetrator but also against their employer, school districts, and other entities that could potentially be involved or if the abuse took place during the course of employment. (See Fernandez v. Sherman Oaks Integrated Med. Group, 2023 Cal.Super.LEXIS 19025 at 14 (Cal.Super.) (where the Court found that the plaintiff satisfactorily alleged that the “Defendant acted with a willful and conscious disregard of the rights or safety of others when [Defendant] had advance knowledge that [abuser] was unsafe and unfit to serve as a massage therapist but continued to employ [abuser]”). The ability to bring the lawsuit against multiple parties provides justice to the victim by not only holding the perpetrator accountable, but also any parties that knew or should have known about the abuse. For example, this gives the victim the ability to get justice from an employer or other party for knowing that their employee was committing these atrocities.
Civil sexual assault cases go beyond monetary compensation; they provide victims with the opportunity to seek justice for their experiences of abuse. Civil cases provide the ability to give the abused a sense of closure and redress for their injuries. There are different levels of burden of proof in civil and criminal cases and different time periods as well. Because of this, sometimes civil cases are the only type of case that a victim can bring against the abuser, therefore it can often be the only way to hold the abuser accountable for their egregious actions. If someone wants to bring a civil sexual assault claim, it is crucial that they reach out to an attorney that specializes in this field as promptly as possible to ensure that they don’t fall outside of the statute limitations and can still hold their abuser accountable.
