Santa Clara County Molestation Lawyer

Are you looking for a molestation lawyer in Santa Clara County?

At Kellogg & Van Aken LLP, we offer molestation representation guided by seven years of experience in Santa Clara County, CA, and the surrounding area.

If your child or someone close to you was molested by a person in a position of authority, the path forward can feel unclear. A Santa Clara County, CA molestation lawyer at Kellogg & Van Aken LLP can evaluate your legal options and pursue accountability against the individuals and institutions responsible. Our founding partners bring more than a decade of combined litigation experience to every case, and we handle molestation claims on a contingency basis. Schedule a free consultation to discuss what happened and what comes next.

Molestation Lawyer Santa Clara County, CA

A molestation attorney in Santa Clara County handles civil claims on behalf of survivors who were subjected to unlawful sexual contact, typically as minors. These cases focus on the abuser and, often more critically, on the institutions that failed to prevent the abuse. Schools, youth organizations, religious groups, medical offices, and childcare providers all have a legal obligation to protect minors in their care. When they ignore warning signs or conceal misconduct, they can be held liable.

The Child Abuse Prevention Council reports that Santa Clara County receives over 20,000 reports of child abuse each year. Sexual abuse accounts for a significant share of those reports. Civil molestation claims give survivors a way to seek compensation for the harm they suffered and to hold negligent institutions accountable for their failures.

Types of Molestation Cases We Handle in Santa Clara County

Molestation occurs across a range of settings, and the responsible parties often extend beyond the abuser. Kellogg & Van Aken LLP brings claims against the organizations and individuals who enabled or concealed the abuse. Below are the types of molestation cases we handle in Santa Clara County.

• School sexual abuse. Teachers, administrators, and staff members can use their positions to access and abuse students. When a school district or private institution ignores complaints or transfers a known abuser rather than reporting them, the school bears legal responsibility. California law allows claims against public and private schools, including charter schools, for negligent supervision.
• Coach sexual assault. Sports programs create environments where coaches have regular, unsupervised access to young athletes. Abuse in these settings often goes unreported because of the trust placed in the coach. We pursue claims against leagues, programs, and schools that fail to enforce safety protocols.
• Daycare and childcare molestation. Young children in daycare are especially vulnerable because they may lack the language to describe what happened. Facilities that fail to conduct background checks on employees or that leave children in one-on-one settings without oversight can be liable. We work with families to build cases even when a child's disclosure is delayed.
• Religious institution molestation. Churches, dioceses, and faith-based organizations have a long history of concealing abuse by clergy members and lay workers. California law recognizes claims against these institutions when they knew or should have known about abuse and chose to protect the abuser instead of the child. These cases frequently involve decades-old abuse brought to light under expanded filing deadlines.
• Foster care and group home abuse. Children placed in foster care or group homes by the state are owed a heightened duty of care. County agencies that place children with known abusers, or that fail to investigate complaints from foster youth, can face civil liability. We hold these agencies and their employees accountable.
• Medical professional molestation. Doctors, nurses, therapists, and other medical providers have access to minors in clinical settings. When that access is exploited, the provider and the institution that employed them may both face liability. We handle claims against hospitals, clinics, university health centers, and private practices.
• Employer and workplace molestation of minors. Minors in part-time or seasonal jobs are sometimes targeted by supervisors. Employers who dismiss complaints may be liable for the resulting harm.
• Molestation by a family friend or authority figure. When abuse occurs because a community organization or mentorship program placed the abuser in a position of trust, we pursue claims against that entity for failing to protect the child.

Why Choose Kellogg & Van Aken LLP as My Molestation Lawyer in Santa Clara County, CA?

Experience Representing Molestation Survivors

Survivors of molestation benefit from a sexual abuse lawyer in Santa Clara County, CA whose practice also covers institutional negligence, personal injury, and related claims. Mikayla Kellogg has been recognized as a Super Lawyer from 2020 through 2023 and was named to the National Trial Lawyers Top 40 Under 40 in 2016. Kelly Van Aken practiced as a trial attorney at a defense firm before co-founding Kellogg & Van Aken LLP, bringing an understanding of how institutions and their insurers approach litigation. Both attorneys graduated from UC Davis Law and are members of the Consumer Attorneys of California and the San Francisco Trial Lawyers Association.

Proven Results for Survivors

We have recovered millions of dollars for survivors and other injured clients. Individual results include a $1,125,000 recovery in a sexual abuse case and a $900,000 recovery in a sexual assault matter. Every molestation case is different, but these outcomes reflect our commitment to pursuing full compensation for the harm our clients have endured.

Kellogg & Van Aken LLP handles molestation cases on a contingency fee basis. You pay nothing unless we recover compensation on your behalf. Initial consultations are free and confidential.

What Is Important to Understand About Molestation Cases?

Damages, Liability, and Compensation for Molestation Cases

California civil law allows molestation survivors to seek compensation for a broad range of harms. The focus is on making the survivor whole, not on punishing the abuser through the criminal system, though both processes can run simultaneously. Common categories of recoverable damages include:

• Medical and therapy costs, including ongoing counseling and future treatment
• Lost earning capacity, particularly when the abuse occurred during formative years
• Pain and suffering, including emotional distress and loss of enjoyment of life
• PTSD and psychological harm resulting from the abuse
• Treble damages when a defendant is found to have covered up the abuse, as provided under California Code of Civil Procedure Section 340.1

Liability in molestation cases often extends to the institution that employed or supervised the abuser. A school, church, or youth program that knew about a pattern of abuse and failed to act faces direct liability for the resulting harm.

What Are Important Aspects of a Molestation Case?

Molestation cases require careful attention to several factors that can determine the outcome.

• Institutional knowledge. Proving that an institution knew or should have known about the abuser's conduct is often the most contested element. Internal complaints, personnel files, and communications between administrators can be critical evidence.
• Delayed disclosure. Many survivors do not disclose abuse until years or decades later. California law accounts for this reality through extended filing deadlines, but building a strong case around delayed disclosure requires an attorney who understands how trauma affects memory and reporting.
• Credibility and corroboration. Even without physical evidence, a survivor's testimony is powerful when supported by patterns of institutional negligence, other survivors' accounts, and documentary records.
• Parallel criminal proceedings. A civil molestation case can proceed alongside a criminal investigation. The two processes have different standards of proof, and a criminal conviction is not required for a civil recovery.

What Is the Molestation Case Timeline?

The timeline of a molestation case depends on several factors, but the general progression follows a predictable structure.

• Initial consultation and case evaluation. An attorney reviews the facts, identifies potential defendants, and advises on the strength of the claim. This is where we assess whether institutional defendants can be reached.
• Investigation and evidence gathering. We obtain school records, employment files, incident reports, and other documents that reveal what the institution knew and when.
• Filing the complaint. A civil complaint is filed in court naming the individual abuser and any institutional defendants. For Santa Clara County cases, civil filings are handled at the Downtown Superior Court, 191 North First Street in San Jose.
• Discovery and depositions. Both sides exchange documents and take sworn testimony. Depositions of institutional employees often produce the strongest evidence of negligence.
• Settlement negotiations or trial. Many molestation cases resolve through settlement. When a fair settlement is not offered, we prepare for trial.

Under California Code of Civil Procedure Section 340.1, no statute of limitations for childhood sexual abuse occurred on or after January 1, 2024. For abuse that occurred before that date, survivors may file until their 40th birthday or within five years of discovering the psychological injury, whichever is later.

What Should You Bring to Your Molestation Consultation?

A few things can help your attorney evaluate the claim during an initial meeting.

• Any records related to the abuse, including police reports, school incident reports, or communications with administrators
• Medical or therapy records documenting treatment related to the abuse
• A written timeline of what happened, as best you can recall, including names and dates
• Contact information for anyone who may have witnessed warning signs or to whom you disclosed the abuse

Your consultation is confidential. You do not need to have all of these materials. We can help you take the right steps after abuse and gather what is needed.

Santa Clara County Resources for Molestation Survivors

Survivors and their families can access several local resources in addition to pursuing a civil claim.

• The Santa Clara County DA Victim Services Unit provides advocates who assist survivors with safety planning, court accompaniment, and referrals to local services.
• The California Victim Compensation Board reimburses crime-related expenses including therapy, medical treatment, and relocation costs for eligible survivors.
• The Department of Family and Children's Services operates a 24-hour abuse hotline for reporting suspected child abuse or neglect in Santa Clara County.
• RAINN operates the National Sexual Assault Hotline and provides online support for survivors of all ages.

Reach Out to Kellogg & Van Aken LLP to Schedule a Consultation

If you or someone in your family experienced molestation, Kellogg & Van Aken LLP is here to help you understand your legal options. We represent survivors throughout Santa Clara County, CA, on a contingency basis, which means there are no fees unless we recover compensation for you. Your initial consultation is free and confidential. Contact us to speak with a molestation attorney about your case.