Sexual Assault Victim Lawyer San Francisco, CA

Compassionate Representation For Sexual Assault Victims

Sexual assault often leaves victims with indescribable pain and feelings of shock, fear, guilt, and shame. We provide support and advocacy for survivors of sexual assault who seek justice against the person who harmed them, and our approach is rooted in respect, empathy, and a commitment to holding wrongdoers accountable.

If you have been a victim of sexual assault and want to know more about your rights, Kellogg & Van Aken LLP’s compassionate legal team can help guide California survivors through the legal system in a safe and supportive environment. We provide information about your options to pursue justice, including whether you may have grounds to file a lawsuit in civil court for compensatory damages. When you're ready, contact us to schedule a free and confidential consultation with our San Francisco, CA sexual assault victim lawyer. 

 

In California, civil sexual assault can include various forms of harmful of sexually offensive touching of another’s intimate body part without consent. Consent is not a defense to sexual assault if the person who commits the assault is an adult who is in a position of authority over the minor victim. (California Civil Code section 1708.5.5.) Sexual assault requires intent on the part of the perpetrator, and in the civil context, sexual assault is often referred to as sexual battery.

Sexual assault can include crimes outlined in the California Penal Code, including lewd or lascivious acts with a child (Section 288); sexual battery while a person is restrained (Section 243.4); rape (Sections 261 and 264.1); sodomy (Section 286); oral copulation (Section 287), penetration by force or penetration when the victim is incapacitated or unconscious (Section 289), and acts of masturbation or exhibition of the genitals (Section 311.4(d)(1).) 

What To Do After A Sexual Assault

After you have suffered a sexual assault, it can be difficult to know what to do. Our compassionate lawyers know that if you have been a victim of sexual assault, then you have gone through an incredibly traumatic and life-changing event. Please know that you are not alone, and there are options available to support and empower you during this challenging time. Understanding your rights and options after a sexual assault may help you take back your power and start your journey to healing. 

Seek Medical Attention

After a sexual assault, it is often important to seek medical care as soon as possible. A healthcare provider can examine you for injuries, provide medical treatment, and supply you with resources and information. If you choose to do so, the medical provider can also perform a sexual assault forensic exam in which DNA evidence is collected and may be used to help identify or confirm the identity of the perpetrator if necessary. 

Preserve Evidence

If you have been sexually assaulted, 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. Keep any clothing that was worn at the time of the incident as well as any photographs or communications with the perpetrator. Although this may be counter-intuitive and difficult to do, it will help preserve important evidence should you choose to pursue criminal or civil legal action.

Report The Assault To Law Enforcement 

Survivors of sexual assault have the right and option to report the assault to law enforcement, although it is not required. You can contact your local police department over the phone or in person to report the sexual assault. Often, police departments have special sexual assault victim units where officers who are specially trained to interact with victims of sexual assault can support you and help you understand the criminal process. Our attorneys at Kellogg & Van Aken LLP can help guide sexual assault victims through the reporting process and provide support during an ongoing criminal investigation. 

Get Help & Emotional Support

Understandably, after an incident of sexual assault, survivors can feel helpless and often experience severe emotional distress including flashbacks, depression, anxiety, shame, guilt, and humiliation. It is important to prioritize your mental and physical health by leaning on friends and family, going to therapy, using counseling services, attending support groups, and utilizing crisis support services, if needed. You can connect with anti-sexual violence organizations, such as RAINN (Rape, Abuse & Incest National Network) which operates a 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 sexual assault survivors, and we can offer resources and referrals for our clients in addition to legal support. 

Talk To A Qualified Sexual Assault Victim Lawyer

If you want to learn more about your legal rights and options as a survivor, it is important to contact an attorney who is experienced and knowledgeable about the process of pursuing legal action. Being a plaintiff in a civil lawsuit against a sexual assault perpetrator can be a long and difficult journey, and finding a qualified attorney who is supportive and trustworthy is an important part of the process. Our team will make you feel comfortable, provide you with resources to support you, and be able to give you honest and clear guidance on what it means to pursue a civil lawsuit for sexual assault. 

California's Statutes Of Limitations For Sexual Assault Cases

Sexual assault victims have limited time to take legal action, and they must file a lawsuit before the California statute of limitations expires in order for them to pursue a claim. Statutes of limitation are a very complicated area of law, and failing to file a civil lawsuit within the applicable time period can forever bar you from bringing a claim. It is important to consult with an attorney to determine how much time you may have to file a lawsuit. 

The time limits to pursue sexual assault claims in California differ depending on whether you were a minor or an adult at the time of the assault, as well as when the assault occurred. Recently, the California legislature extended the statute of limitations for both child and adult sexual assault victims, and you may still be able to bring a claim even if it has been many years since the incident. 

Statute Of Limitations For Childhood Sexual Assault

If a sexual assault occurred when the victim was under the age of 18 years old, the victim can file a civil lawsuit any time before they turn 40 years old or within 5 years of the date the person discovers that their psychological injury or illness was caused by the sexual assault, whichever is later. For any instances of childhood sexual assault which occur on or after January 1, 2024, there is no time limit to bring a claim. (See Code of Civil Procedure section 340.1.) 

Statute Of Limitations For Adult Sexual Assault After January 1, 2019

If the survivor of sexual assault is over the age of 18 years old and the incident of sexual assault occurred after January 1, 2019, then the victim has 10 years from the date of the last assault to file a lawsuit, or three years from the date the victim discovers or reasonably should have discovered that the injury or illness resulted from the assault, whichever is later. (See Code of Civil Procedure section 340.16(a).) 

Statute Of Limitations For Adult Sexual Assault That Occurred Between January 1, 2009 - January 1, 2019

On January 1, 2023, The Sexual Abuse and Cover-Up Accountability Act (California Assembly Bill 2777) became law. This law provides a window, from January 1, 2023 to December 31, 2026, for adults to bring a civil lawsuit for sexual assault if the incident of assault occurred between the dates of January 1, 2009 and January 1, 2019. (See Code of Civil Procedure section 340.16(b)(3).) 

If a public or governmental entity is a potential defendant in a civil lawsuit, the time to file a lawsuit may be different from the above deadlines and may require you to file a claim within just six months. If you fail to file a government claim within the necessary time period, any civil claims you may have against the public or governmental entity may be barred. It is important to consult with a lawyer about time limits in filing a civil lawsuit. 

San Francisco Sexual Assault Infographic

Sexual Assault Statistics

According to the California Department of Justice, there are more than 25,000 sexual assault cases reported to state law enforcement each year. The number of unreported cases is estimated to be much higher since so many victims do not report their attacks.

If you have been sexually assaulted and would like to discuss what legal recourse you may have against your attacker, call our office to speak with one of our attorneys.

FAQs

If you’re the victim of sexual assault or know someone who's been through it, you probably have many questions and may not know where to turn. Our San Francisco sexual assault victim lawyer is here to help in any way we can. You deserve justice. Here are some frequently asked questions and answers about sexual assault victim lawyers.

What is a sexual assault victim lawyer?

A sexual assault victim lawyer is a legal professional specializing in supporting individuals who have experienced sexual assault. These attorneys are dedicated to advocating for the rights of victims, offering legal guidance, and seeking justice on their behalf. These lawyers prioritize the well-being of the victim and work to protect their civil rights.

When should I consult an attorney?

It is advisable to consult a sexual assault victim lawyer as soon as possible after experiencing sexual assault. Prompt legal assistance can help victims understand their rights, navigate the legal process, and take appropriate actions to seek justice.

What legal options are available?

Sexual assault victim lawyers can guide victims through various legal options, including filing criminal charges against the perpetrator, pursuing a civil lawsuit for damages, or obtaining protective orders. The choice of action depends on the victim's preferences and the specifics of their case.

How do I choose the right sexual assault victim attorney?

Consider lawyers with experience in handling sexual assault cases, a compassionate approach, and effective communication skills. Consultations with potential lawyers can help assess their understanding of your situation and their ability to provide support.

What compensation can I seek?

Victims can seek compensation for various damages with the help of a sexual assault victim lawyer. This may include medical expenses, therapy costs, loss of income, and emotional distress. These lawyers work to build a case that supports the victim's claims for fair compensation.

How long does a case take?

The duration of a sexual assault case varies based on factors such as legal processes, case complexity, and court schedules. A sexual assault victim lawyer can provide an estimated timeline, keeping victims informed about the progression of their case.

Is the consultation confidential?

Yes, consultations with a sexual assault victim lawyer are confidential. The attorney-client privilege ensures that discussions between the victim and their lawyer remain private, creating a safe space for victims to share their experiences and seek legal advice.

What support services do I have?

Aside from legal assistance, sexual assault victim lawyers often connect victims with support services such as counseling, advocacy groups, and resources to aid in their recovery. These lawyers prioritize the holistic well-being of the victim beyond the legal aspects.

Our San Francisco sexual assault victim lawyer is an indispensable ally for individuals who have experienced sexual assault, offering legal guidance, representation, and support to help them navigate the path to justice and recovery. At Kellogg & Van Aken LLP, we're fully committed to helping you achieve justice.

Kellogg & Van Aken LLP

One Sansome St 35th Floor, San Francisco, CA 94105

Contact Our Team Today

If you have been a victim of sexual assault and want to learn more about filing a lawsuit for damages and holding the wrongdoers accountable, contact Kellogg & Van Aken LLP for a free and confidential case review with our San Francisco sexual assault victim lawyer. We're committed to empowering sexual assault survivors with a voice and representing their interests with dignity and compassion.