If you’ve experienced sexual assault, you may be wondering whether you have legal options beyond a police report. The answer is yes. In California, you have the right to file a civil lawsuit against the person who harmed you and, in some cases, against third parties who enabled the assault or failed to prevent it.
This blog explains how civil sexual assault cases work in California, what you need to know before taking action, and how to protect your legal rights.
Civil vs. Criminal: What’s the Difference?
This is one of the most important distinctions to understand.
- A criminal case is brought by the government, the District Attorney’s office, against the person accused of assault. You don’t control it. The DA decides whether to prosecute, and the standard of proof is “beyond a reasonable doubt.” Even if a criminal case doesn’t move forward or results in an acquittal, that does not end your options.
- A civil lawsuit is different. You, the survivor, are the one bringing the case. You are the plaintiff. The lawsuit seeks financial compensation for the harm done to you, and the legal standard is lower: a “preponderance of the evidence,” meaning it’s more likely than not that the assault occurred.
Key point: A criminal case and a civil lawsuit are separate legal proceedings. One does not depend on the other. You can pursue a civil case even if criminal charges were never filed, dropped, or resulted in a not-guilty verdict.
What Can You Sue For in a Civil Sexual Assault Case?
In a civil sexual assault lawsuit in California, you may be able to recover compensation for:
- Medical expenses, including therapy, psychiatric treatment, and physical care related to the assault
- Lost wages, if the assault affected your ability to work
- Pain and suffering, physical and emotional harm caused by the assault
- Future therapy costs for ongoing mental health treatment
- Punitive damages, in cases involving especially egregious conduct, courts may award additional damages to punish the defendant
California law recognizes that the harm from sexual violence extends well beyond the immediate incident. A civil lawsuit accounts for that full impact.
Who Can Be Held Liable?
The most obvious defendant in a civil sexual assault case is the individual who committed the assault. But California law may also allow you to hold third parties accountable in certain circumstances.
Potential defendants can include:
- Employers, if the assault was committed by a coworker, supervisor, or someone in a position of authority, and the employer knew or should have known about the risk
- Institutions, such as schools, hospitals, religious organizations, or other entities that employed or supervised the perpetrator
- Property owners, if the assault occurred on a property where inadequate security contributed to the harm
- Hotels, rideshare companies, or service providers, in cases where negligence in hiring, supervision, or safety policies allowed the assault to occur
Holding third parties liable is complex and fact-specific. But it’s a critical avenue to explore, particularly when the individual perpetrator has limited resources or when an institution enabled the conduct.
If you’ve experienced sexual assault and want to understand your legal options in California, you can contact Nabati Law to discuss your situation.
The Statute of Limitations for Civil Sexual Assault Cases in California
California has specific deadlines for filing a civil sexual assault lawsuit. Missing these deadlines can eliminate your right to pursue a case entirely, so understanding the timeline is essential.
Here’s what California law currently provides:
- General rule: You have 10 years from the date of the assault, or 3 years from the date you discovered or reasonably should have discovered a psychological injury caused by the assault, whichever is later.
- Childhood sexual assault: California provides extended timelines for survivors who were assaulted as minors. Under AB 218, survivors have until age 40, or 5 years from the date of discovery of the psychological injury, whichever is later.
These deadlines are not always straightforward, and there may be exceptions that apply to your specific situation. Consulting with a sexual assault attorney as soon as possible protects your ability to act.
Does It Matter If There Was a Criminal Conviction?
No. A criminal conviction is not required to pursue a civil lawsuit.
In some cases, a conviction can strengthen your civil case, but the absence of one does not prevent you from filing. This is because civil and criminal cases operate under entirely different legal standards.
O.J. Simpson’s case is one of the most well-known examples: acquitted in criminal court, found liable in civil court. The evidence threshold is simply different.
If you’ve been told that because a perpetrator wasn’t convicted, you have no case, that information is incomplete. A civil sexual assault attorney can evaluate the specific facts of your situation.
What to Do If You’re Considering a Civil Lawsuit
If you’re exploring whether to file a civil lawsuit, here are the steps to take now:
1. Preserve all evidence. Save any text messages, emails, social media messages, or other communications related to the assault or the person who harmed you. Do not delete anything.
2. Document your experience. Write down what happened, dates, locations, what was said, and who was present as completely and accurately as you can. Include any impact on your health, work, or daily life.
3. Seek medical and mental health support. Medical records and therapy notes can serve as important documentation of the harm you experienced.
4. Avoid discussing the case publicly. Do not post about it on social media. Do not discuss it in ways that could be used against you later.
5. Consult a civil sexual assault attorney. California’s civil sexual assault law is specific. An attorney can evaluate your case, identify all potential defendants, and advise you on the right course of action for your situation.
Can You Remain Anonymous in a Civil Case?
This is a common concern. California law does provide some protections for survivors of sexual violence who bring civil cases. Under certain circumstances, plaintiffs in sexual assault lawsuits may be permitted to proceed under a pseudonym to protect their identity.
Whether this applies to your case depends on the specific facts and procedural posture. An attorney can help you understand what privacy protections are available to you.
If you are considering a civil sexual assault lawsuit in California, you can contact Nabati Law to discuss your options. Understanding your rights is the first step.
What About Sexual Assault in the Workplace?
When sexual assault occurs in a workplace context, whether by a coworker, supervisor, client, or vendor, additional legal protections may apply under California’s Fair Employment and Housing Act (FEHA).
Workplace sexual assault can give rise to claims including:
- Sexual harassment
- Hostile work environment
- Employer negligence or failure to prevent harassment
- Retaliation if you reported the conduct and faced adverse employment action
These claims may be pursued alongside or separately from a civil assault lawsuit. The legal strategy depends on the specific circumstances.
Learn more about your rights in workplace sexual assault situations on our Sexual Assault practice page.
The Bottom Line
You have the right to pursue civil accountability for sexual assault in California regardless of whether a criminal case was ever filed.
A civil lawsuit is your legal remedy. It is separate from the criminal justice system. It is driven by you, the survivor. And it can result in meaningful accountability and financial compensation for the harm you’ve experienced.
California law sets specific deadlines and procedures. Acting promptly protects your options.
If you’ve experienced sexual assault and want to understand whether a civil case is an option for you, contact Nabati Law to discuss your situation. This blog is for informational purposes only and does not constitute legal advice.
