How Long Does a Sexual Assault Case Take in California?

If you’re thinking about filing a sexual assault case in California, you might be wondering: “How long is this going to take?” It’s a fair question, and an important one. Dealing with the legal system can feel overwhelming enough. When you add the emotional weight of a sexual assault, it’s even heavier.

The truth is, every case is different. Some move quickly. Others take years. Knowing what to expect can help you feel more prepared, and maybe a little less anxious about what’s ahead.

Understanding the legal pathways: criminal vs. civil cases

You should be aware that a sexual assault case can either be pursued through the criminal justice system or the civil justice system. At times, it’s both.

Criminal cases are brought by the state. Once an investigation by the police ends, the California district attorney has the power to file criminal charges. The intent is to punish the perpetrator, perhaps with mandatory registration as a sex offender, probation, or a prison term.

Civil cases are different. It is the survivor, not the state, that files these. The purpose of a civil case is to get financial recompense for damages such as medical expenses, lost income, psychological distress, and therapy sessions. You can also file one before you have a criminal conviction.

The criminal case timeline in California

Reporting and investigation

It usually starts with reporting the assault to the police. After that, the investigation phase begins, including collecting evidence, interviewing witnesses, and reviewing forensic reports.

Filing of charges

Once the police investigation wraps up, prosecutors review the case. If they believe they can prove the charges beyond a reasonable doubt, they’ll move forward. If not, they may ask for more investigation or decline to file charges altogether.

Pre-trial proceedings

This stage can take months or more. It includes steps like arraignments, bail hearings, and pre-trial motions. The timeline may be longer in cases where either side files legal motions. When this happens, the court needs to set dates to hear those motions.

Trial

If the case goes to trial, expect it to last anywhere from a few days to several weeks. Misdemeanor sexual battery cases might resolve quickly. Felony sexual assault trials are more involved with complex evidence, multiple witnesses, and expert testimony.

And keep in mind, fewer than 2% of criminal cases actually go to trial. Many end in plea bargains.

Post-trial

Even after the trial and sentencing stage, there can be appeals that may cause the case to continue.

All together, a criminal case could take months – or even years – from start to finish.

The civil case timeline in California

Statute of limitations

Timing matters. In California, adults generally have 10 years from the date of the last assault, or 3 years from when they discover harm, to file a civil lawsuit (California Civil Procedure Code § 340.16).

For incidents involving minors that occurred after January 1, 2024, there is no longer a statute of limitations under California law.

Pre-litigation

Before filing, your sexual assault lawyer will gather evidence, consult with experts, and sometimes attempt to negotiate an early settlement. This phase can take several months, depending on the case complexity.

Filing the lawsuit

Once a complaint is filed, the formal legal process begins.

Discovery phase

Discovery is the phase where both sides exchange evidence, like documents, medical records, and deposition testimony. It often stretches over several months to more than a year, depending on how extensive the evidence is.

Trial

If the case doesn’t settle (and most do), it goes to trial. Trial dates can be delayed by court backlogs, and once underway, trials typically last from a few days to a few weeks.

Post-trial

After trial, the court issues a judgment. If there’s an appeal, the process could stretch longer.

Altogether, a civil case in California can take one to three years, sometimes longer.

Factors influencing case duration

There are several factors that could influence the amount of time a case takes to resolve. Some of these include:

• Complexity of the case: Cases involving more incidents or multiple defendants can lead to longer timelines.
• Availability of evidence and witnesses: The longer it takes to collect evidence and get the cooperation of witnesses, the more likely it is that the case will drag out.
• Court backlogs: California courts, and courts across the country, are often overloaded. As a result, this can lead to delays in scheduling court dates.
• Defense tactics: Some defense lawyers use delay strategies, filing motions that add months to the process.

The importance of legal representation

An experienced sexual assault attorney can be an important asset for those trying to fight back against an attacker or abuser. Your lawyer will know how to guide you through California’s legal system, and should also be available to discuss what your options are so that you can make informed decisions.

Emotional considerations and self-care

Pursuing legal action after sexual assault can be incredibly emotional. You might feel overwhelmed one day and strong the next. That’s normal. Therapy, support groups, friends, and setting boundaries can make a huge difference.

Above all: healing is not a race. Take the time you need.

Taking the first step toward justice and healing

Taking that first step—reaching out for legal support—can feel overwhelming. It’s okay to feel nervous or uncertain. And you are not alone. With the right help, navigating your case can be a more empowering, informed experience.

If you or someone you love needs legal guidance, don’t wait. There are people ready to help.

You don’t need to face this alone. At Taylor & Ring, we’ve helped survivors seek justice and find the closure they deserve. Whether you need legal guidance, protection, or just someone to help you understand your options, we’re here. Call us or use our contact form to schedule a free consultation.