Overview

Civil remedies for survivors: CC 1708.5 sexual battery, the 10-year statute of limitations, third-party institutional liability, trauma-informed practice, and confidentiality protections that keep you in control.

This guide is written for injured people, their families, and the lawyers who help them. It is not legal advice for any specific case. Call us, or any California lawyer you trust, before you make decisions that affect your claim.

Key takeaway
California civil sexual assault claims provide a 10-year statute of limitations under CCP 340.16. Third-party liability against institutions with insurance is often essential for meaningful recovery.

Causes of Action

Understanding causes of action is essential for California personal injury practice. This section covers the key principles, legal standards, and practical strategies that shape outcomes in sexual assault cases.

Key takeaway
Civil remedies for survivors: CC 1708.5 sexual battery, the 10-year statute of limitations, third-party institutional liability, trauma-informed practice, and confidentiality protections that keep you in control.

Statute of Limitations

Understanding statute of limitations is essential for California personal injury practice. This section covers the key principles, legal standards, and practical strategies that shape outcomes in sexual assault cases.

Third-Party Liability

Understanding third-party liability is essential for California personal injury practice. This section covers the key principles, legal standards, and practical strategies that shape outcomes in sexual assault cases.

Institutional Liability

Understanding institutional liability is essential for California personal injury practice. This section covers the key principles, legal standards, and practical strategies that shape outcomes in sexual assault cases.

Survivor of assault?

Every day you wait, evidence disappears. Start now.

Surveillance footage is overwritten. Witnesses relocate. Memories fade. The first 48 hours matter more than any other phase of your case.

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Confidentiality Protections

Understanding confidentiality protections is essential for California personal injury practice. This section covers the key principles, legal standards, and practical strategies that shape outcomes in sexual assault cases.

Trauma-Informed Litigation

Understanding trauma-informed litigation is essential for California personal injury practice. This section covers the key principles, legal standards, and practical strategies that shape outcomes in sexual assault cases.

Damages

Understanding damages is essential for California personal injury practice. This section covers the key principles, legal standards, and practical strategies that shape outcomes in sexual assault cases.

Insurance Coverage

Understanding insurance coverage is essential for California personal injury practice. This section covers the key principles, legal standards, and practical strategies that shape outcomes in sexual assault cases.

Not sure what to do next?

We know the playbook. We've read every page.

Insurance carriers run the same defenses in every case. We prepare for each of them on day one. Call for a free, no-pressure case review.

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Cross-References

Common Questions

How long do I have to file a civil sexual assault case in California?

Under CCP 340.16, you have 10 years from the last act of sexual assault, or 3 years from the date you discover that an injury resulted from the assault, whichever is later. For childhood sexual abuse under CCP 340.1, the deadline extends to age 40 or 5 years from discovery. Revival windows may apply to previously time-barred claims.

Can I sue the institution where the assault happened?

Yes. Third-party liability theories like negligent hiring, negligent supervision, and premises security allow you to hold institutions accountable. Schools, churches, employers, and property owners may be liable if they failed to take reasonable steps to prevent the assault.

Can I file under a pseudonym to protect my privacy?

In many circumstances, yes. California allows plaintiffs in sexual assault cases to file under pseudonyms like Jane Doe. Protective orders can restrict dissemination of sensitive discovery materials including therapy records and deposition testimony.

Do I need a criminal conviction to file a civil case?

No. The civil case is independent of criminal proceedings. The burden of proof is preponderance of the evidence, lower than the criminal standard of beyond a reasonable doubt. You can file a civil case even if no criminal charges were brought.

Our offices

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Local Resources

  1. Civil Code § 1708.5. Sexual battery cause of action — elements and remedies.
  2. Code of Civil Procedure § 340.16. 10-year statute of limitations for sexual assault claims and revival window.
  3. Code of Civil Procedure § 340.1. Extended limitations for childhood sexual abuse claims.
  4. Civil Code § 52.4. Gender violence cause of action with attorney fees.
  5. Evidence Code § 1108. Prior sexual offenses admissible to prove propensity.
  6. Evidence Code § 1106. Prohibition on evidence of plaintiff's sexual conduct.