How a Civil Lawsuit Can Provide Healing and Compensation for California Sexual Abuse Survivors

For survivors of sexual abuse, the decision to come forward is often the result of a long, painful, and deeply personal journey. Every year in the United States, it is estimated that well over half a million people will experience some form of sexual abuse. In California, perpetrators may face prosecution, but survivors can also pursue a civil lawsuit to seek compensation and reclaim a sense of control.

If you or someone you love is a survivor of sexual abuse, it’s important to understand how civil litigation works. Even if a criminal case has already been pursued, a civil lawsuit may prove essential to helping you fight for accountability and take the next step forward in your trauma recovery. Here’s a brief overview of the civil litigation process in sexual abuse cases, as well as an explanation of how an experienced sexual abuse attorney can help trauma survivors move forward with strength and dignity.

Criminal vs. civil cases: How they differ

It’s easy to get confused when reviewing all the legal options available to survivors of sexual abuse. Here’s a simple breakdown of criminal and civil cases and how each of these proceedings takes shape in cases involving sexual violence:

Criminal cases

Criminal cases are handled by the state. In these proceedings, prosecutors bring charges against the alleged abuser with the intent of punishing the abuser for their wrongdoing. The penalties for those convicted of sex crimes may include:

• Prison time
• Probation
• Registration as a sex offender
• Mandatory counseling

While survivors may participate as witnesses in criminal cases, the case is ultimately brought by the state against the alleged abuser with the intention of bringing about state-sanctioned penalties.

Civil cases

Civil cases, on the other hand, are initiated by the survivor against a party or parties believed to be responsible for the survivor’s abuse. Rather than punitive action, the focus of civil cases is on compensation and justice for the harm suffered by the plaintiff. Successful civil cases typically result in some sort of monetary settlement intended to cover damages like:

• Emotional distress
• Psychological trauma
• Medical expenses
• Lost wages or reduced earning capacity
• Therapy costs

In some cases, the court may assign punitive damages to a defendant for particularly egregious acts. There are no damage caps on non-economic, economic or punitive damages in California (with few exceptions), so it is up to the court to decide what amount of compensation is most appropriate based on the facts of a case.

Why file a civil suit?

Sexual abuse cases almost always have a resounding impact on survivors and their families, and criminal action alone may not afford injured parties with the support they need to fully reclaim their lives and stories. To that end, civil lawsuits offer survivors additional options in their pursuit of justice, regardless of whether or not criminal charges were filed or tried successfully by the state.

Here are some of the benefits of filing a civil lawsuit in a sexual abuse case:

1. Greater control

Unlike criminal cases, civil lawsuits put survivors in the driver’s seat rather than the state. Survivors and their attorneys can decide how to file, what damages to seek and whether to settle or go to trial. Autonomy is critical in sexual abuse cases, and civil lawsuits provide survivors with valuable opportunities to take back control and decision-making power while they fight for justice.

2. Lower burden of proof

Criminal convictions require proof of guilt “beyond a reasonable doubt,” which can be an extremely high bar to clear in sexual abuse cases. Civil cases apply a lower standard of proof known as a “preponderance of the evidence.” This means that a defendant can be found guilty as long as the evidence supports the notion that it is more likely than not that the abuse occurred. This difference allows many survivors to succeed in civil court even when criminal prosecution isn’t viable.

3. Accountability for institutions

Many cases of sexual abuse involve institutions that failed to protect victims. Schools, churches, youth organizations and medical providers that do not take steps to prevent or report abuse can be held liable in civil court and forced to pay damages for their actions or inactions, thus adding another layer of accountability in sexual abuse cases. In some cases, a settlement might also require that the institution make a public apology or changes to its policies. Such remedies can make communities safer and prevent future abuse.

4. Financial support for recovery

The aftermath of abuse can take a significant emotional and financial toll. Survivors may struggle with anxiety, PTSD, depression or physical challenges that interfere with their personal and professional relationships. Many abuse survivors seek medical care and mental healthcare for years after incidents of sexual violence, and the costs of this kind of care can add up significantly over time. Compensatory damages can help cover these costs.

For many survivors, simply being heard can be deeply healing. A successful civil lawsuit may offer a sense of closure, justice and public affirmation that the abuse they endured was real and wrong, in addition to providing them with the financial resources they need to recover from the harm they suffered. Whether or not a criminal case is pursued or successful, filing a civil lawsuit can be a vital step in a survivor’s path toward healing and recovery.

How long do I have to file a civil suit?

In California, the law has evolved to give survivors more time to file civil claims. The civil statute of limitations was removed for childhood sexual abuse cases on or after January 1, 2024, under Assembly Bill 452. Abuse cases predating 2024 can be filed until the victim reaches the age of 40, or within five years of discovering harm (Assembly Bill 218).

If you’re unsure whether your case still qualifies, an experienced sexual abuse attorney can evaluate your situation confidentially and explain your rights based on the most recent developments in California law.

Next steps

Coming forward as a survivor takes immense courage. Whether or not a criminal case is filed or successful, survivors retain the right to seek justice by way of a civil lawsuit. An experienced, compassionate sexual abuse attorney can help you build a strong case for the compensation you need to help you rebuild your life as you recover from abuse.

At Taylor & Ring, we understand the sensitive nature of sexual abuse cases. Our team is committed to supporting California survivors with compassion, discretion and strength throughout every step of the civil litigation process. From gathering evidence to representing you in court and everything in between, the Taylor & Ring team has the experience and expertise necessary to help you tell your story.

Contact us to request a confidential consultation with a member of our team. We can talk you through all of the options available in your case and help you take the next step towards seeking the justice you deserve.