Compassionate Legal Representation for Sexual Abuse Survivors in San Francisco
At Kellogg & Van Aken LLP, we understand the immense courage it takes to come forward after experiencing sexual abuse. Our dedicated San Francisco, CA sexual abuse lawyer is committed to providing survivors with compassionate, respectful, and effective legal representation. With significant experience in handling sensitive cases, we strive to ensure your voice is heard and your rights are fiercely protected.
How can a San Francisco Sexual Abuse Lawyer help me?
As a survivor of sexual abuse, you have the right to seek justice and hold the perpetrator accountable. We understand the weight of what you have gone through and know that it may feel scary and overwhelming to figure out what the next step may be. Our legal team is here to help you navigate the complex legal landscape and ensure you understand your rights and options after sexual abuse. Whether it is pursuing a civil lawsuit for damages or supporting you through a criminal case, we are here to support you every step of the way. At Kellogg & Van Aken LLP, we handle the legal work so that you can focus on healing and recovery.
Sexual Abuse Survivors’ Rights in California
If you or someone you love has been sexually abused, it can be an important step toward healing to ensure that the perpetrator and those who enabled the abuse are held accountable. Abusers can be held accountable by being criminally prosecuted or by being held civilly liable.
What is the difference between criminal charges and a civil lawsuit?
- Criminal Charges: Criminal charges involve the state or federal government prosecuting the abuser with the aim of punishing the abuser. If the abuser is convicted, the abuser may face jail time, probation, or other criminal penalties. Criminal charges require meeting a higher burden of proof: “beyond a reasonable doubt.”
- Civil Lawsuit: A civil lawsuit is a separate legal action where a sexual abuse survivor can seek financial compensation for the harm they have suffered. A civil lawsuit addresses the personal impact of the abuse, including emotional distress, trauma, and other damages. The burden of proof in a civil lawsuit is by a “preponderance of the evidence,” which is a lower burden of proof than in criminal cases.
At Kellogg & Van Aken LLP, we hold wrongdoers accountable by pursuing a civil lawsuit on your behalf. Through a civil lawsuit, sexual abuse survivors may be entitled to compensation for medical services, mental health services, physical injuries, pain and suffering, emotional distress, therapy and counseling, medications, lost income, relocation, and other costs. Punitive damages may also be awarded to punish the wrongdoers and deter future misconduct. Although a financial award cannot undo the harm that was caused, it can provide validation, closure, and the means to heal. Our San Francisco, CA sexual abuse lawyers help you hold perpetrators and the institutions that protect them accountable.
Who May Be Liable for Sexual Abuse in California?
At Kellogg & Van Aken LLP, our objective is to hold any and all responsible parties accountable for the sexual abuse perpetrated against our clients. Although the abuser is typically the most obvious target, at times, other entities or persons who failed in their duty of care toward you can also be held responsible, including:
- The company, organization, or workplace that hired the abuser or provided the abuser with access to victims; and
- The venue, institution, school, business, camp, or other locations where the abuse took place.
How Much Time Do I Have to File a Lawsuit for Sexual Abuse in California?
Sexual abuse survivors have limited time to pursue their legal rights, and they must file a lawsuit before the statute of limitations expires. Statutes of limitations are complicated. Failing to file a civil lawsuit in time can forever bar you from bringing a claim. It is important to consult with an experienced sexual abuse lawyer as soon as possible to determine how much time you have to file a lawsuit.
What Are the Statutes of Limitations for Sexual Abuse Survivors in California?
The legal time frames for initiating sexual abuse claims in California vary based on the age of the victim at the time of the abuse and the date the abuse occurred. Recent legislative changes in California have extended the statutes of limitations for both child and adult victims of sexual abuse, allowing for the possibility of filing a claim even if a significant amount of time has passed since the incident.
- Childhood Sexual Abuse (Before January 1, 2024): Victims who were under 18 years of age at the time of the abuse have the option to file a civil lawsuit before they turn 40 years old, or within 5 years from the date they realize their psychological harm or illness is a result of the sexual abuse, whichever comes later.
- Childhood Sexual Abuse (After January 1, 2024): For childhood sexual abuse cases occurring on or after January 1, 2024, there is no statute of limitations, allowing claims to be filed at any time. (Refer to Code of Civil Procedure section 340.1 for more details.)
- Adult Sexual Abuse (Between January 1, 2009, and January 1, 2019): The Sexual Abuse and Cover-Up Accountability Act (California Assembly Bill 2777), which came into effect on January 1, 2023, provides a specific window for legal action. Adults who experienced sexual abuse between January 1, 2009, and January 1, 2019, can bring a civil lawsuit from January 1, 2023, until December 31, 2026. (For more details, see Code of Civil Procedure section 340.16(b)(3).)
- Adult Sexual Abuse (After January 1, 2019): For victims who were over 18 years old at the time of the abuse, and if the abuse occurred after January 1, 2019, they have up to 10 years from the date of the last incident to file a lawsuit. Alternatively, they can file within three years from the date they discover or should have reasonably discovered that their injury or illness was a consequence of the assault, whichever is later. (See Code of Civil Procedure section 340.16(a) for further information.)
These legal timeframes are crucial for anyone seeking justice for sexual abuse and reflect California's commitment to providing survivors with a path to legal recourse.
Contact an Experienced San Francisco Sexual Abuse Lawyer at Kellogg & Van Aken LLP for a Free and Confidential Consultation
If you or someone you know has experienced sexual abuse in San Francisco or the greater Bay Area, we encourage you to reach out to us. Contact our compassionate team at (415) 849-3102 or fill out our confidential online form to schedule your free consultation.
Your path to healing and justice matters deeply to us. The San Francisco sexual abuse lawyers at Kellogg & Van Aken LLP can help you in your journey toward recovery and vindication.
San Francisco Sexual Abuse Infographic
San Francisco Sexual Abuse FAQs
Your San Francisco, CA sexual abuse lawyer can help you find closure and compensation. At Kellogg & Van Aken LLP, we believe in empowering our clients with the right information. Below are some key questions and answers that can guide you in seeking justice.
What Qualifications Should I Look For In A Sexual Abuse Lawyer?
When searching for a sexual abuse lawyer, the most important qualifications to consider are experience and specialization. A lawyer with specific experience in sexual abuse cases will be more adept at navigating the complex legal and emotional nuances of such cases. Look for someone who has a proven track record in handling similar cases and is knowledgeable about the specific laws and statutes pertaining to sexual abuse in your jurisdiction.
What Is The Role Of Confidentiality In Sexual Abuse Legal Cases?
Confidentiality is paramount in sexual abuse cases. It serves to protect the privacy of the survivor and any sensitive information related to the case. A dedicated sexual abuse lawyer ensures that all communications, documents, and strategy discussions are kept confidential. This level of discretion is crucial not only for the protection of the survivor’s personal and emotional well-being but also for maintaining the integrity of the legal process.
How Long Does A Typical Sexual Abuse Legal Case Take?
The duration of a sexual abuse legal case varies widely depending on several factors, including the complexity of the case, the legal processes involved, and the jurisdiction in which the case is being pursued. Some cases may be resolved in a matter of months, while others could take several years, especially if they involve extensive investigations, multiple parties, or go to trial.
What Are The Risks Of Pursuing A Legal Case For Sexual Abuse?
Pursuing a legal case for sexual abuse involves several risks. These include the emotional impact of revisiting traumatic experiences, potential public exposure, and the uncertainty of the legal outcome. It’s essential to have a lawyer who can help you weigh these risks against the potential benefits of seeking justice and compensation. Your San Francisco sexual abuse lawyer can also provide support and resources to help manage the emotional toll of the legal process.
What Support Services Do Sexual Abuse Lawyers Provide For Their Clients?
Sexual abuse lawyers offer a range of support services to their clients, beyond just legal representation. These include emotional support, guidance through the medical and psychological impact of abuse, and connections to counseling and support groups. They can also assist with navigating the complexities of the criminal justice system, including liaising with law enforcement and prosecutors.
Get In Touch With Our Office Today
At Kellogg & Van Aken LLP, we are committed to providing comprehensive support to individuals facing the challenging journey of a sexual abuse case. We understand the courage it takes to come forward and seek justice, and we are here to guide you through every step of the process with empathy, professionalism, and dedication. Contact us today, and see how a San Francisco sexual abuse lawyer from our office can help.
Contact Kellogg & VanAken, LLP
Our legal team helps victims of sexual abuse just like you every day. We listen to your story, and most importantly – we believe you. Our goal is to help you secure the compensation you deserve from the person or entity that harmed you. We fight diligently for your rights and provide the thoughtful legal advice you need to make the right decisions for yourself. Call Kellogg & VanAken, LLP today for a free, confidential consultation.
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