Sexual Assault and Abuse | Adamson Ahdoot LLP

Los Angeles Sexual Assault Attorney

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People of all ages, backgrounds, and societal levels suffer from the rampant issue of sexual abuse. It can occur in any environment, including the home, workplace, or any other public place. Sometimes, sexual assault victims are left alone to face the consequences of an attack.

At Adamson Ahdoot LLP, elite sex abuse lawyers are dedicated to representing victims of these despicable crimes and ensuring that justice is served. We understand how debilitating these incidents are and are here to help victims realize their rights and what they can do. We can also help the parents of children who have experienced sexual abuse.

What is Sexual Abuse?

According to the American Psychological Association, sexual abuse is any “unwanted sexual activity, with perpetrators using force, making threats, or taking advantage of victims not able to give consent.”

A surprising fact about sexual abuse is that most victims know their abuser. Children are often, unfortunately, the victims of these inappropriate actions, leading to a lifetime of struggles stemming from the abuse.

If you or someone you know has been a sexual abuse victim at any point, please contact Adamson Ahdoot’s sexual abuse lawyers. There are also numerous resources aimed at supporting sexual abuse victims in California and throughout the United States, including:

  • Rape, Abuse, and Incest National Network (RAINN)
  • The national sexual abuse and assault hotline: 1-800-656-4673 (available 24 hours every day)
  • The National Children’s Advocacy Center
  • Additional resources for parents of children who have been sexually abused
  • Race Against Abuse of Children Everywhere

How California Defines Sexual Misconduct vs. Sexual Assault

RAINN defines sexual misconduct as a term used outside the legal system. Many individuals use this definition to highlight inappropriate actions. For example, a relationship between two people who work together could be considered “sexual misconduct” even if it is not illegal.

However, sexual assault does represent criminal behavior. Many criminal acts can be referred to as sexual assault. “Sexual assault” can be applied to any act that involves non-consensual sexual activity.

Examples of sexual assault in California include:

  • Rape
  • Forced oral copulation
  • Sexual battery
  • Penetration with an object
  • Sodomy

The California court system handles all of these charges differently. Adamson Ahdoot’s sexual assault attorneys in Los Angeles can provide you with detailed knowledge about various sexual assault charges.

Types of Sexual Assault Laws in California

In California, sexual battery or sexual assault could potentially result in a misdemeanor or felony charge. Examples of misdemeanors include:

  • Intentionally fondling a stranger’s breasts without consent
  • Groping someone’s buttocks without first obtaining consent

This type of offense that doesn’t involve unlawful restraint is punishable by up to 6 months in county jail and a fine of up to $2,000. The fine can increase to $3,000 if the defendant was the victim’s employer.

Examples of felonies include:

  • Holding someone down against their will and kissing them and/or unclothing them
  • Convincing a mentally ill individual to masturbate in front of you
  • A male doctor falsely tells a female patient that he must feel her breasts for an examination for his sexual arousal or gratification.

These offenses have a range of punishments.

If a sexual crime mentioned above is filed as a misdemeanor, the defendant could be imprisoned in county jail for up to one year and receive a fine of up to $2,000. But if any of those sexual acts are filed as a felony, it allows for imprisonment for two, three, or four years as well as a fine of up to $10,000.

Criminal vs. Civil Sexual Abuse Cases

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Criminal statutes usually indict predators, with the court establishing their innocence or guilt and punishing them if found guilty. The “beyond a reasonable doubt” standard is also used in criminal sexual abuse cases.

Suppose the perpetrator interacted with the victim while they worked in an authorized position, such as a school, church, or sports league. In that case, their employer can be charged with negligence and be held responsible for not adequately protecting the public. It’s important to hold these predators and their organizations accountable for their crimes.

Conversely, victims can use civil action for harm as another avenue to obtain justice. In civil sexual abuse claims, civil courts set an abuser’s degree of innocence aside and establish their responsibility for the harm suffered by the victim. When the defendant is held accountable, they must give monetary compensation to you or your family.

Moreover, civil sexual abuse lawsuits involve the “preponderance of the evidence” standard, which helps plaintiffs gain maximum civil damages. This means you must prove that your account of the abuse is more likely than how it actually happened.

Compensation Recovered Through Legal Sexual Abuse Claims

If you bring a civil sexual abuse case against your abuser, you can be compensated for the pain, suffering, and emotional distress they caused. These damages can also cover medical expenses and the costs of therapy, counseling, or other forms of mental health care.

Regarding settlement amounts, they vary depending on your case and the specific factors at play. The following factors are often considered when calculating sexual abuse settlement amounts:

  • How serious was the abuse? A more severe case can win you maximum compensation.
  • How did the incident affect your life and well-being? Do you experience physical or emotional pain and suffering? Are you unable to earn income since the incident?
  • When did the abuse happen? Incidents that happened years ago may increase settlement amounts.
  • How old were you at the time of the abuse? If you were younger when the abuse happened, you may get a higher settlement. This may apply to other young victims as well.
  • Where did you file the claim? Depending on your location and the sexual abuse-related statutes it enforces, your settlement may be higher or lower.
  • Can your abuser pay you for harming you? Big firms or wealthy perpetrators may give you more money to compensate for the abuse.
  • Do you have adequate evidence to support your claim? If you and your sexual abuse lawyer present considerable proof in court, you may receive a higher settlement.

What to Do If You Are a Victim of Sexual Abuse

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Sexual abuse can have a traumatic effect on a victim’s quality of life and health, causing long-term negative social and psychological effects. Remember, we can help.

Adamson Ahdoot works to assist our clients in the healing process. While we work in the courtroom, our clients can focus on their wellness. Additionally, we can help find medical care so that you can find peace of mind. Here are some steps to take when seeking help:

Do Not Remain Silent

By giving voice to the injustice you experienced by retaining Adamson Ahdoot, we can see justice prevail and protect future victims.

Take Action

Adamson Ahdoot’s sexual abuse attorneys understand the sensitive nature of sexual abuse cases and commit to handling your case or the case of your loved one in a sensitive, discreet, and professional manner. They’ll work to secure the most favorable compensation for every client and victim. Aggressive, ethical, and honest representation is the reputation we’ve earned and the standard we strive to uphold.

Other steps to take include:

  • Prioritize your or your loved one’s safety and well-being through healthy coping mechanisms.
  • Reach out to other loved ones for support.
  • Consider seeking medical attention by going to your local hospital or rape center.
  • Help process your experience or that of your loved one in a manner that works for them, such as through therapy, journaling, getting out in nature, or meditating.
  • Consider filing a lawsuit. Seek assistance from an experienced sexual abuse attorney who will guide you through the complicated legal process.

What Are My Legal Options for Sexual Abuse?

Your legal options for sexual abuse include:

Criminal Charges

To pursue a criminal case against an abuser, you must file a police report. The progress of your claim depends on whether you have adequate proof to present.

Civil Action

A civil sexual abuse lawsuit can help you recover maximum compensation. Here, you must prove that your account of the incident is more likely true than the defendant’s version of events.

Civil cases can be filed to obtain monetary and punitive damages. The latter is meant to punish a defendant for their crime.

Restraining Order

If you have no plans to take legal action against an abuser yet, a restraining order can protect you from their persistent actions. This measure sets boundaries between you and the offender and prevents the latter from communicating with you.

An immediate, temporary order is often granted to an eligible individual, followed by a hearing that the defendant must attend to appeal against it.

Filing a Complaint at School or Work

Sexual abuse also occurs in places like schools, libraries, museums, and offices. You can report such cases to a designated authority, like a disciplinary committee or a company’s human resources department.

When filing a complaint with a school or employer, ensure due process is followed. See how sexual misconduct and violence are reported to the institution, and determine whether it’s a good option for you or your loved one.

What’s the Statute of Limitations for Sexual Abuse Claims in California?

All states have a statute of limitations (the time limit to file suit) for taking legal action following sexual abuse. Various factors will come into play; thus, it’s crucial to discuss your case with a knowledgeable sexual assault lawyer in Los Angeles.

In California, the time limit to file a lawsuit for sexual abuse depends on whether the victim is a child or an adult over the age of 18. If the victim is over 18, you must take action within a certain time frame.

The statute of limitations (the time limit to file suit) for taking legal action after sexual assault is:

  • 10 years from the date of the attempted sexual act or assault by the defendant, or;
  • Within three years from the date, the victim discovered an injury or illness related to the sexual assault

These statutes of limitations went into effect on January 1, 2019. Under this updated code of civil procedure, the following statute of limitations for child sexual abuse or assault victims took effect on January 1, 2020:

  • Childhood victims of sexual abuse have until their 40th birthday to file suit, or;
  • Within five years after the discovery of the abuses

There is a three-year window for the revival of any sexual abuse claims barred by the previous statute of limitations in California.

Frequently Asked Questions About Sexual Abuse

The following are frequently asked questions our Los Angeles sexual abuse lawyers field about these types of cases:

What Should I Do If I’ve Been Sexually Abused Or If I Know Someone Who’s Been Abused?

Seek help, and make your voice heard if you experienced sexual abuse or know someone who has. We understand how intimidating it can be to talk about what happened to you, but it’s important to bring your perpetrator to justice.

There are numerous resources out there for young victims of sexual abuse, as well as adults. Our sexual abuse litigation law firm can also help you understand your rights and how to proceed.

What is Consent?

RAINN defines consent as “an agreement between participants to engage in sexual activity.” Consent can manifest itself in several different ways, including physical and verbal cues. It can be as simple as your partner checking on you or asking you if they can try something new during sex.

What If I Didn’t Fight Back, Or It Wasn’t Reported Right Away?

Please read through the California statute of limitations section above. California passed new regulations about sexual abuse and assault cases that went into effect on January 1, 2019, and January 1, 2020, that govern when to file a lawsuit.

Can Businesses Be Held Responsible for Sexual Assault?

Yes, they can. As mentioned before, depending on the conditions surrounding the case, schools, daycares, youth organizations, and other businesses can be responsible for sexual harassment or assault. In some cases, premises liability can cover assault in Los Angeles.

Child Molestation Sexual Assault Cases

The Department of Justice defines child molestation as “inappropriate physical contact between a child and adult where the child is used for the sexual stimulation of the perpetrator.”

In addition, child sexual abuse is any form of child abuse that includes sexual activity with a minor, and it does not always involve physical contact.

We must give special care and attention to these allegations, as they are extremely serious. Legal action against the person responsible for sexual misconduct, abuse, or molestation of a child aims to protect the child and seek damages to support their recovery. The goal is always to protect the child.

Examples of child sexual abuse are:

  • Exposing oneself to a minor
  • Fondling
  • Sexual intercourse
  • Masturbation in front of a minor
  • Forcing a minor to masturbate
  • Inappropriate phone calls, text messages, or any other digital interaction
  • Any action involving pornographic content of children
  • Sex with a minor
  • Sex trafficking

Who’s Liable for Child Molestation?

There are many ways to pursue a child sex abuse lawsuit, and there are many factors to consider when determining liability. In addition to the child’s molester, establishments may also be liable for sexual abuse.

Some organizations to sue for child molestation are:

  • Schools
  • Daycares
  • Youth organizations
  • Churches
  • Other businesses

These establishments must defend and protect children. In addition, they may be liable for malfeasance when they fail to fulfill the duty of care or are negligent, resulting in a minor being abused.

How Can a California Child Molestation Attorney Help?

Many childhood abuse cases go unreported because some of the victims are young. Unfortunately, the perpetrators are often someone close to the child or family. RAINN reports that up to 93% of all victims under 18 know their abuser.

One of Adamson Ahdoot’s sexual abuse attorneys can help you understand your rights and take action against the perpetrator. During your initial consultation at our law firm, your lawyer will review your case, including the evidence you’ve collected, and explain your legal options. They’ll also determine the damages you can recover if you file a civil claim against the perpetrator.

More importantly, our sexual abuse and harassment attorneys are well-versed in federal and state child molestation laws. Their experience makes navigating the legal process easier and helps you strengthen your case against a child’s abuser.

Sexual Abuse Statistics

Sexual abuse is a significant issue across the nation, as the data below shows.

Fast Facts About Sexual Violence

Alarming statistics from the Centers for Disease Control and Prevention (CDC) have revealed how common sexual violence is in the United States.

  • Over 50% of women and nearly one in three men have experienced sexual violence caused by physical contact.
  • One in four women and around one in 26 men have experienced completed or attempted rape.
  • Around one in nine men were forced to penetrate someone during their lifetime.
  • One in three women and around one in nine men were sexually harassed in public places.

CDC also notes that sexual abuse begins early. Over four in five women were first raped before turning 25 years old, while nearly half were first raped at a younger age (below 18 years old). Additionally, almost eight in 10 men were forced to penetrate someone before turning 25, and four in 10 men found themselves in the same situation when they were younger.

Sexual Abuse Within Specific Groups

Sexual abusers also target certain communities.

According to older data, around 43% of lesbians and bisexual women and 30% of gay and bisexual women were sexually assaulted. Race is affected as well, with around 34% of Native American and Alaskan Native women stating that they survived completed or attempted rape.

Furthermore, sexual abuse victims include persons with disabilities. Women in this group are the most affected, as they’re raped and sexually assaulted two times more than able-bodied women.

In Which Industries Is Sexual Harassment Most Prevalent?

According to the Center for American Progress, these were the 10 industries where sexual harassment was most prevalent:

  • Accommodation and food services – 14.23%
  • Retail sector – 13.44%
  • Manufacturing – 11.72%
  • Health care and social assistance – 11.48%
  • Administrative and support and waste management and remediation – 6.92%
  • Public administration – 6.48%
  • Professional, scientific, and technical services – 5.73%
  • Transportation and warehousing – 4.94%
  • Finance and insurance – 3.98%
  • Educational services – 3.98%

Most Workplace Sexual Harassment Is Not Reported, Study Says

The number of workplace harassment reports filed with the Equal Employment Opportunity Commission (EEOC) steadily increased from 6,650 in 2009 to 7,400 in 2012. However, every year since 2012, that number has dropped considerably, with just 5,900 reports in 2016.

According to YouGov, in July 2016, 67% of female employees who reported being victims of workplace harassment did not report their sexual harassment experience to management or file a lawsuit.

According to the EEOC, most abuses, on average, per year (from 2009 until 2016) were race-related, followed by sex, national origin, religion, and color.

  • Race-related harassment (about 33%)
  • Sex-related harassment (about 27%)
  • National origin-related harassment (about 16%-19%)
  • Religion-related harassment (about 5%)
  • Color-related harassment (about 4%)

These numbers do not include retaliation, retaliation (Title VII), age, disability, Equal Pay Act infractions, or GINA violations (Genetic Information Nondiscrimination Act of 2008, which prohibits genetic information discrimination in employment).

This could mean that victims of sexual violence do not report it as often as they should.

How Often Does Child Sexual Abuse Take Place?

Estimates of the real prevalence of child sexual abuse vary widely, from 1% to 35%. Most sexual assault/abuse professionals estimate the figure to be around 8% to 20%.

Up to 500,000 children born in the US this year may suffer sexual abuse before they turn 18, according to some professionals. A 2006 study by the Centers for Disease Control and Prevention found that 1 in 4 women and 1 in 6 men were victims of sexual abuse before the age of 18. This means there are more than 42 million adult survivors of child sexual abuse in the US.

The public is not sufficiently aware of child sexual abuse as a problem because 73% of child victims do not tell anyone about the abuse for at least a year. 45% of victims do not tell anyone for at least 5 years, while some never disclose.

Most people think of adult rape as a significant crime, but they may not be aware that children suffer much more than adults. Nearly 70% of all reported sexual assaults (including assaults on adults) occur to children 17 years old and younger. In 2000, the sexual assault victimization rate for youths ages 12 to 17 was 2.3 times higher than for adults, according to the US Department of Justice, Bureau of Justice Statistics, and the Children’s Assessment Center (CAC).

Child Sexual Abuse Statistics

Sexual abuse cases involving minors are very serious allegations and are far too common as recent statistics indicate:

  • There were almost 63,000 reported incidents of child sexual abuse nationwide (2012).
  • Nearly 1 out of 10 incidents of abuse against children are sexual abuse.
  • Every 8 minutes, Child Protective Services substantiates or finds evidence of child sexual abuse.
  • 93% of victims know their perpetrators (only 7% were strangers).

Where Is Child Sexual Abuse Most Likely to Occur?

RAINN reports that an act of sexual abuse occurs every nine minutes in the United States. Of the victims, 34% are under the age of 12 while 66% are between the ages of 12 and 17. The most common occurrence of sexual abuse happens in a school or daycare setting.

Let An Experienced Sexual Abuse Attorney Help!

If you or someone you care about has experienced injuries at the hands of another individual, we can help. When an event as traumatic and frustrating as sexual abuse happens, seeking out a sexual abuse attorney experienced in taking on individuals and large corporations is the best solution.

Adamson Ahdoot’s sexual harassment lawyers have over 100 years of combined legal experience and are, first and foremost, people. Our professionals will listen to you and guide you to the financial and mental relief you seek.

We work tirelessly to help our clients get the funds they need to move forward with their lives. If you have suffered any kind of abuse, please contact us. Your first appointment with a sexual abuse or harassment attorney at our firm is completely free of charge, and there is no obligation. Likewise, we can provide justice for those who have been harmed by someone who should be trusted.

For more information about filing a personal injury lawsuit, fill up our free consultation request form on our website or call (800) 310-1606.

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