San Francisco, CA Rape Victim Lawyer

There are few crimes as shocking and heinous as rape. For rape victims, coping with the emotional and physical impacts of such atrocious sexual violence can be overwhelming and often leave a survivor feeling voiceless and alone. At Kellogg & Van Aken LLP, we provide a confidential, safe, and supportive environment for survivors to come forward to share their story and take steps towards achieving justice. 

If you have been a victim of rape and want to know more about your rights, Kellogg & Van Aken LLP’s compassionate legal team can help rape survivors in California navigate the legal system in a safe and understanding environment. We provide confidential consultations and information about your options to pursue justice, including whether you may have grounds to file a lawsuit in civil court for monetary compensation. Contact us to learn more about how our San Francisco, CA rape victim lawyer can help. 

What's Legally Recognized as Rape

In California, rape is an act of sexual intercourse without consent. (California Penal Code section 261.) Rape can occur in different forms: by force, violence, or duress; when a person is drugged, intoxicated or unconscious; or when someone is disabled, coerced, or trafficked. Rape happens between friends, strangers, partners, spouses, and acquaintances. It can happen by people in positions of power who hold authority over the victim, including teachers, prison guards, doctors, priests, coaches, and military personnel. Rape can happen to anyone including women, men, children, and members of the LGBTQ+ community, including transgender, genderqueer, and gender nonconforming individuals. No matter the circumstance, it is important to know that you are not alone, and it is not your fault. 

What do I do after I have been raped?

After an incident of rape, many survivors are left feeling helpless and lost. Many rape victims may be afraid to come forward after such a traumatic event because they may not know what to do, because recounting their experience may be triggering, and because they may be concerned that no one will believe them. At Kellogg & Van Aken LLP, we believe survivors. You have legal options, and understanding your rights may help to empower you and give you a voice. 

Make Sure You’re Safe

Get to a safe place where you are not in any danger. If you are in danger, or you have serious injuries and have access to a phone, call 911 for help. Call a trusted friend or family member who can help you. Remember that what happened is not your fault and do not blame yourself for anything that you did or did not do. 

Seek Medical Attention

Seeking medical care as soon as possible after an incident of rape is important. A healthcare provider can examine you for injuries, provide medical treatment, and supply you with information and resources. If you choose to do so, the medical provider can also perform a forensic exam, sometimes called a “rape kit,” in which the medical provider collects DNA evidence from your body which may be able to help identify or confirm the identity of the perpetrator, if necessary. 

Preserve Evidence

If possible, after an incident of rape, it is best to avoid showering, changing your clothing, washing your hands, combing or washing your hair, washing your body, taking drugs or alcohol, or disturbing the area of occurrence until you can be properly evaluated by a medical professional or member of law enforcement. Preserve any clothing that was worn at the time of the incident. Do not delete any communications with the perpetrator. This will help preserve important evidence and information should you choose to pursue criminal or civil action. 

Report the Rape to Law Enforcement 

Rape is a serious crime, and you have the right to report it to the police and press charges. Whether you report the rape to the police is your decision to make. You can contact your local police department over the phone or in person to report the rape. You can also have a rape crisis counselor who you trust contact the police on your behalf. Often, police departments have special rape victim units where officers who are specially trained to interact with victims of rape can support you and help you understand the criminal process. Our attorneys at Kellogg & Van Aken LLP can help guide rape victims through the reporting process and provide support during a criminal investigation. 

Get Help and Emotional Support

After an incident of rape, it is common for survivors to experience severe mental and emotional distress, including anxiety, depression, flashbacks, shame, guilt, shock, and sadness. It is important to take care of your mental and physical health. If you have trusted friends of family members, leaning on them during this difficult time may be helpful. Utilizing therapy, counseling services, support groups, or crisis support services may also be beneficial. There are anti-sexual violence organizations, such as RAINN (Rape, Abuse & Incest National Network), which operate confidential national sexual assault hotline 24 hours a day at 1-800-656-HOPE (4673). The attorneys at Kellogg & Van Aken LLP recognize the important of holistic care for rape survivors. We offer support and resources for our clients in addition to legal guidance. 

Talk to an Experienced and Qualified Rape Victim Lawyer

If you are considering pursuing legal action after an incident or rape, contact a rape victim lawyer who is skilled and knowledgeable about the process. The attorney should explain your options and provide a supportive and comfortable environment where you can learn about your legal rights. 

What does a civil San Francisco rape victim lawyer do?

When someone has been raped, it is always a priority to ensure that the attacker is criminally prosecuted and imprisoned. However, that does not always happen. Even though sexual violence affects hundreds of thousands of people each year, only 25 out of every 1,000 rapists will end up in prison. In addition to pursuing criminal prosecution, another avenue to pursue justice is through the civil court system where rape survivors may be entitled to compensation for the harm they have suffered. You may be able to receive compensation for the physical and emotional injuries you have endured, including compensation for pain and suffering, medical expenses, counseling, loss of employment, and other life-altering impacts. Punitive damages (i.e., damages which punish the defendant) may also be warranted. Although compensation cannot erase what happened, it may be a step toward healing and closure. Our attorneys at Kellogg & Van Aken LLP are dedicated to holding rapists and the institutions that protect them accountable. 

Will my name be public if I file a civil lawsuit for rape against my attacker?

In many situations, rape survivors are reluctant to come forward and pursue claims against their rapist for fear of backlash and public attention. We understand the sensitivity and privacy implications that filing a lawsuit can mean for survivors. We take rape survivors’ privacy and confidentiality very seriously, and protecting our clients is a top priority. California law allows rape survivors to file a lawsuit under a pseudonym (e.g., Jane Doe or John Doe) in order to protect their privacy and identity and to encourage survivors to come forward without fear. At Kellogg & Van Aken LLP, we do everything we can to ensure that survivors, including their identities, are protected throughout the legal process. 

Who can be held accountable if I was raped?

In some circumstances, civil lawsuits can be filed not only against the rapist, but against institutions who may have been responsible for failing to protect the survivor which caused or contributed to the incident. Examples of institutions who may be responsible for failing to protect a victim from rape include a school or university, a hospital or medical practice, a sports organization, a government entity (including when a rape occurs in a prison or in the military), a property owner, a church or religious organization, or a company or corporation. It is important to consult with a qualified attorney to discuss all of your options on who may be held accountable for your harm.

San Francisco Rape Victim Lawyer

If you are the victim of sexual assault, contact a San Francisco, CA rape victim lawyer. You deserve justice. Here are some frequently asked questions and answers about rape victim lawyers.

What legal services do rape attorneys provide?

A rape victim lawyer specializes in providing legal support and representation for individuals who have experienced sexual assault. These lawyers handle cases related to rape, sexual assault, and other forms of sexual violence. Their primary focus is on advocating for the rights and well-being of the survivor.

When should someone consider hiring a lawyer?

Individuals should consider hiring a rape victim lawyer when they have experienced sexual assault and are contemplating legal action. These lawyers provide invaluable support in navigating the legal system, ensuring that survivors understand their rights, and assisting them in seeking justice.

What role does an attorney play in the legal process?

A rape victim lawyer plays a multifaceted role in the legal process. They provide legal advice, assist in reporting the crime to law enforcement, guide survivors through the criminal justice system, and may pursue civil actions against the perpetrator. Additionally, these lawyers advocate for survivors' rights throughout the legal proceedings.

Can a rape victim lawyer assist in both criminal and civil cases?

Yes, a San Francisco rape victim lawyer can assist in both criminal and civil cases. In criminal cases, they may work with law enforcement and prosecutors to ensure a thorough investigation and prosecution of the perpetrator. In civil cases, they may help survivors pursue compensation for damages through legal action against the assailant.

What kind of compensation can survivors seek?

Survivors may seek various forms of compensation with the help of a rape victim lawyer. This can include compensation for medical expenses, therapy costs, lost wages, pain and suffering, and other damages resulting from the assault. The specific compensation sought depends on the individual circumstances of each case.

How does attorney-client confidentiality work in cases involving rape or sexual assault?

Attorney-client confidentiality is a critical aspect of legal representation, and it applies to cases involving rape or sexual assault. Information shared between the survivor and their lawyer is protected, and the lawyer cannot disclose it without the survivor's consent, ensuring a safe and confidential environment for the survivor to share their experiences.

Is there a time limit for survivors to file legal actions with the assistance of a rape victim lawyer?

The time limit, known as the statute of limitations, for filing legal actions in cases of rape or sexual assault varies by jurisdiction. Some places have specific laws extending or eliminating the statute of limitations for such cases. Consulting with a rape victim lawyer promptly is crucial to understand and adhere to these timelines.

Contact an Experienced and Qualified Rape Victim Attorney

If you want to learn more about your legal rights and options in filing a lawsuit for damages and holding perpetrators and the institutions that protect them accountable, contact Kellogg & Van Aken LLP for a confidential case review with a San Francisco rape victim lawyer. Our attorneys prioritize creating a safe and supportive environment for survivors to share their stories, and we will explore whether you may be able to pursue compensation for the harm you have suffered under California civil law.