When you think of child sexual abuse, you usually imagine the perpetrator as an adult. However, as an experienced child-on-child sex abuse lawyer in California could tell you, children often suffer sexual assault or molestation at the hands of their peers.
Sexual abuse and molestation often happen in the context of school bullying. Sometimes, there’s a significant age gap between the victim and the offender, as when a teen abuses a younger child.
If you believe an underage perpetrator sexually abused your child, or if you suffered abuse as a child yourself, look into the option of seeking child sexual abuse legal aid.
Can You Sue a Minor for Sexually Abusing Your Child?
In California, minors 14 years and older may face severe criminal penalties for abusing younger children. Detention, probation, and lifetime registration as a sex offender are a few of the consequences perpetrators may expect. However, offenders aged below 14 won’t be subject to criminal proceedings.
In addition, as the victim’s parent or guardian, you can potentially bring a civil lawsuit against the juvenile perpetrator’s parents or legal guardians. A child molestation lawyer can explain your options under California law.
Who Else May Be Responsible for the Sexual Abuse?
Often, sexual abuse occurs while the victim is under the responsibility of some organization — for example, in school, in a religious institution, in summer camp, during sports practice, etc.
Teachers, administrators, and other people in positions of authority have a duty to provide a safe environment for the children under their care. Failing to do so may make the institution liable for any abuse due to negligence.
For example, a school must supervise the students while on school grounds, including during breaks, and set reasonable rules protecting the students from abuse. Special needs children and teens, who are more vulnerable to sexual molestation and abuse, may need extra oversight. If sexual assault does occur at school, the institution must report the incident and notify the victim’s parents or guardians.
If the school didn’t do enough to protect your child and stop the abuse, you may be able to file a lawsuit against the institution for negligent supervision. A child-on-child sex abuse lawyer can look into your case and let you know your options for legal recourse.
Red Flags Pointing to Sexual Abuse
Children often find it hard to articulate exactly what happened to them. Some children stay silent because they feel shame or fear the responsible adults won’t believe them. Sometimes, the perpetrator may manipulate or bully the victim into silence.
If you’re a parent or guardian, listen to your instincts and probe deeper if something about a child’s behavior seems “off.” Pay attention to warning symptoms like:
- Signs of physical trauma, like inexplicable bruising or bleeding in the genital area
- Age-inappropriate talk about sexual topics
- Mood swings and unusually secretive behavior
- Sudden refusal to go to school or other places where abuse may occur
- Regressive behaviors like bed-wetting
- Social withdrawal and spending too much time alone
- Changes in eating habits, anxiety, or decreased interest in activities the child once enjoyed
- Self-harming symptoms or expressions
If you notice any of the above, please talk to your child and try to find out what is going on. Let your child know that they’ve done nothing wrong and that you’ll do anything in your power to protect them.
What Should You Do If You Discover Your Child Suffered Sexual Molestation and Abuse?
Finding out that someone has sexually abused your child is a devastating and disorienting experience. You may struggle with a range of emotions like shame, guilt, grief, and anger.
The first thing you should do is ensure your child’s safety. Report the sexual abuse incident to the police and remove your child from any potentially abusive environment. Also, document all instances of abuse and your communication with the relevant institution. For example, save any proof of inadequate supervision.
Seek therapy for your child. Sexual abuse survivors often suffer far-reaching emotional harm like depression, low self-esteem, and inability to trust other people. A qualified therapist can help your child process their feelings and heal from the abuse.
Finally, talk to a child-on-child sex abuse lawyer and find out your legal options. An experienced child abuse attorney can let you know who is responsible for the harm your child suffered and what you can do to seek justice.
How Much Time Do You Have To Sue for Child Sexual Abuse in California?
California gives survivors of child sexual abuse a comparatively long time to seek justice through the legal system. Suppose you suffered sexual abuse as a child. In that case, you may file a lawsuit until you turn 40 or within five years of establishing a connection between your mental health condition and the sexual assault, coercion, or molestation you experienced as a child.
Of course, the sooner you seek legal recourse for yourself or your child, the easier it will be to bring the perpetrator to justice. Evidence will be fresher; potential witnesses can typically give more precise testimony.
However, in many cases, victims can take action against the culprit even many years after the sexual abuse took place. We may still be able to help, even if the abuse occurred long ago, so don’t hesitate to call our law firm for legal advice.
Can Child-on-Child Sexual Abuse Survivors Seek Compensation?
Survivors of child sexual abuse could potentially claim compensation for both psychological and emotional damage and the financial harm their experience caused. If a survivor needs therapy, misses days of work to attend sessions, and/or finds it difficult to work or function in daily life because of trauma, the settlement may take that into account.
In some situations that involve gross negligence and/or malicious intent, a court may also award the survivor punitive damages. For example, punitive damages may apply if the responsible institution did nothing to protect the victim and instead knowingly tried to cover up the abuse.
How a Lawyer for Child Abuse Victims Can Help
Survivors of child sexual abuse and their families may hesitate to take legal action against the offender and/or the liable institution. This is especially true if the school, church, or another organization where the abuse occurred denies responsibility.
A competent, empathetic lawyer can help you seek justice for the horrible experience you or your child went through. An experienced child abuse attorney can let you know who’s liable in your situation, help you present compelling evidence, and argue your case in court or negotiate a settlement on your behalf.
Compensation for sexual abuse survivors is about more than money. It can bring closure and justice to the victims, raise awareness of child sexual abuse, and help create a safer environment for children.
Call The Cifarelli Law Firm To Consult a Child Abuse Attorney Today
Did you or your child fall victim to sexual abuse by an underage perpetrator? Call us at The Cifarelli Law Firm today to consult a juvenile sexual abuse attorney. We provide legal help for child abuse cases and will use every option under California law to help you fight for justice.
Call (949) 502-8600 or contact us online to talk to a California child-on-child sex abuse lawyer.
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What Is Considered Sexual Abuse?
Sexual abuse may refer to any unwanted act that is sexual in nature, including:
- Sexually touching
- Forcing a victim into sexual touch
- Showing videos or picture of a sexual nature
- Using graphically sexual language
In many cases, the term sexual abuse refers to the abuse of children, but this is not strictly the case. It often happens at the hands of a person of trust, such as a Scout leader, medical professional, church authority or clergy member, or a teacher/mentor.
What Is Sexual Assault?
Sexual assault, like abuse, may encompass a range of unwanted sexual acts. This includes:
- Rape
- Unwanted touching
- Forced kissing
- Non-consensual rubbing or groping
In practical terms, abuse and assault share many commonalities and are both criminally punishable. Victims of both types of physical and/or emotional violence are entitled to seek justice through aggressive legal action.
Common Places Sexual Abuse Occurs
According to RAINN, nearly 50% of all sexual assaults occur at or near the victim’s home. However, sexual abuse can occur anywhere. This includes schools and camps, workplaces, restaurants and bars, public spaces, and more.
Is a Sexual Abuse Case Different if It Occurs at Your Place of Work?
When sexual abuse occurs at work, your company’s HR department, along with the police, should be informed of the incident. Your company should take steps to protect you against future abuse. Failure to do so may make them liable for certain damages.
You will still want to file a police report, seek appropriate medical care, and hire a sexual abuse attorney to help you seek proper compensation, even if the abuse or assault occurred at your place of work.
If you are confused about your options and your rights, we are here to help you choose the best path forward. Our compassionate and thoughtful attorneys are dedicated to helping victims of sexual abuse get justice. We welcome the opportunity to meet with you, listen to your story, and help you determine the best way to progress with your case.
Who Can File a Sexual Abuse or Sexual Assault Claim?
Victims of sexual abuse and sexual assault are entitled to take civil action against their perpetrators.
In cases when the victim is a minor, parents or a legal guardian have the right to seek justice on behalf of the victim through civil action.
It is important to remember that criminal charges should be brought by the proper authorities, but have no bearing on civil litigation. In some cases, a perpetrator can be found “innocent” in a court of law, but still held to account for their acts of sexual violence through civil action.
The Statute of Limitations for a Sexual Abuse Case In California
In the state of California, adult victims have ten years from the date of the last instance of abuse to file a sexual abuse claim. If an illness or injury has resulted from sexual abuse, victims have three years from the date the injury was discovered to file a claim.
Cases on behalf of minors are not subject to a statute of limitations.
How Soon After the Sexual Abuse/Assault Event Can a Case Be Filed?
Victims of sexual violence, both physical and emotional, are entitled to take legal action as soon as abuse or assault occurs. It is often best to take swift action as it can help ensure criminal justice is served, but the traumatic impacts of these events often result in shame, guilt, depression, and other emotional responses that may delay action.
Even if the act took place years ago, victims of sexual violence are entitled to take civil action, as is the case with many of the high-profile cases against powerful men that stemmed from the #MeToo movement. If you or someone you love has been forced to reckon with the emotional damages of sexual abuse or assault, talking to a knowledgeable and sympathetic attorney is an effective way to determine the best course forward.
How we can help prove Sexual Abuse or Sexual Assault Case Case
If the victim was able to go to the police and/or seek medical care within a specific period of time, the results of a rape kit and other investigative tools may be employed to prove sexual violence has taken place. When there is a delay in reporting, as is often the case, the victim’s testimony, witnesses, and other methods can be employed to establish abuse or assault.
Proving sexual abuse and assault can be incredibly complex. This is one of the reasons it is important to work with an experienced legal team that knows how to investigate these sensitive issues.
What Kind of Evidence Is Needed for a Sexual Abuse Case?
Evidence that may be useful when pursuing a sexual abuse claim include:
- Medical reports
- Police reports
- Witness statements
- Psychological evaluations
- The victim’s testimony
At the Cifarelli Law Firm, we are thorough in our collection of evidence. We will work with you individually to help you determine what needs to be provided for us to successfully handle your case.
How you can prepare for court
If your case goes to trial, you may need to provide testimony. We will work directly with you, providing support the entire time, to help ensure you are fully prepared for anything that may be required of you during a trial.
Remember, civil action is not related to criminal charges. Many of these cases settle before a trial is needed. We will prepare your case for any eventuality while continuing to fight for the swiftest and least invasive resolution.
How Long Do Cases Typically Last in Court?
Sexual abuse claims may settle within a few months, but some take much longer. How long a case will take depends on several factors, including the number of victims, the severity of the acts, and the long-term consequences faced by the victims.
The best way to determine how long your case might take is through a one-on-one consultation with a qualified sexual abuse lawyer.
How Compensation for a Sexual Assault or Abuse Case is Determined
Oftentimes, cases involving sexual abuse or assault will require a trial, leaving the award in the hands of a jury. This makes the strength of your case, including things such as testimony and evidence, key to securing compensation.
Having a skilled and aggressive legal team on your side can help to work towards the most positive results.
How Much Compensation Are Sexual Abuse or Assault Victims Typically Awarded?
Compensation for victims of sexual assault and abuse is based on several factors and can vary widely from case to case. There is no “average” amount of compensation in these claims. Talking to an attorney remains among the most effective ways to determine how much compensation can be sought.
There is no cap on compensatory damages in personal injury cases in California. This means that we can seek substantial compensation for victims of all forms of sexual violence through aggressive civil litigation.
Contact Us for a Free Sexual Abuse and Assault Consultation in Irvine
If you are in need of a sexual abuse or sexual assault attorney in Los Angeles or a surrounding area of California, please call the Cifarelli Law Firm at 949-502-8600 to schedule a free case review today.
Our lawyers believe survivors and are prepared to take these cases as far as needed to help secure maximum compensation for our clients.
