Sexual Abuse Lawyer San Francisco, CA

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 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're here to amplify your voice and advocate for your rights.

As a survivor, 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 understand your rights and options. Whether it's 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're more than happy to handle the legal work so that you can dedicate the necessary time and energy to healing and recovery.

Survivors’ Rights in California

If you or someone you love has been sexually abused, holding the perpetrator and any enablers accountable can be an important step toward healing. Abusers can be brought to justice by getting criminally prosecuted or by being held civilly liable. Here's a breakdown of the difference: 

• 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.

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 sexual abuse lawyer can help you hold perpetrators and the institutions that protect them accountable.

Who Can Be Held Liable For Sexual Abuse?

According to report from the U.S. Department of Justice, less than 35 percent of sexual abuse cases are reported to the police. In many cases, the only justice a sexual abuse victim gets is by filing a lawsuit against the offender and any other parties that could be held liable under California law.

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.

At Kellogg & Van Aken LLP, our objective is to hold any and all responsible parties accountable for the sexual abuse perpetrated against our clients.

Contact Us For A Free And Confidential Consultation

Your path to healing and justice matters deeply to us. 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.

San Francisco Sexual Abuse Infographic

Sexual Abuse FAQs

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 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.)

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 skilled at addressing 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. Our sexual abuse lawyer will make sure 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 legal representation who can help you weigh these risks against the potential benefits of seeking justice and compensation. Our 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 Attorneys 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. 

Kellogg & Van Aken LLP 

One Sansome St 35th Floor
San Francisco, CA 94105

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.