Parents live in dread of learning their child has been harmed by a sexual predator. Your first feelings of anger and fear may be replaced by confusion. You may wonder what your next steps should be after learning that someone has done such a terrible thing, and you might also feel paralyzed and believe you should leave everything to law enforcement.
The criminal matter should be handled by the police and the district attorney’s office. However, you may be able to file a civil claim against those responsible for your child’s harm. No amount of money can compensate you or your child for what happened, but you are entitled to some recovery for your child’s injuries. A San Diego child molestation lawyer could guide you during this confusing and frightening time. Our experienced child sexual abuse attorneys at The Cifarelli Law Firm help people all over Southern California seek justice in these cases. To learn how we can support your family, schedule a consultation today.
Understanding Civil Liability in a Criminal Case
In a criminal case, the district attorney brings charges on behalf of the people of California. The goal is to eliminate a threat to all citizens, not just you and your child. In a civil case, you are seeking compensation for the wrong done to you personally. Other individuals and entities, not just the criminal, share some responsibility for that wrong. You may have a claim not only against the molester but also against anyone whose negligence allowed the crime to occur. This could include:
- The criminal’s employer, if they failed to conduct a background check or were aware of the individual’s behavior and did not remove them from overseeing children
- A business or organization that permitted the individual to have contact with children
- Other adults who knew of the abuse and failed to report according to the state’s mandatory reporter laws
- The abuser can be held civilly liable even if convicted and sent to prison
With help from a child molestation attorney, parents in San Diego can bring legal action against the responsible individuals on behalf of their children. The state has extended the statute of limitations for civil claims, allowing adult survivors to file lawsuits until they turn 40.
How Could a Child Molestation Lawyer Help?
Proving abuse in a civil case is easier than in a criminal case. Plaintiffs must only prove it is more likely than not, through a preponderance of evidence, that the abuse occurred. This does not mean it is simple. A San Diego attorney could help by finding the experts and counselors needed to talk with your child and obtain the details of the molestation case without further traumatizing them.
Proving these cases also requires detailed documents such as personnel records, background checks, and witness statements. You may not know where to find these items, but the attorneys at The Cifarelli Law Firm have years of experience gathering that information and using it in court. Part of our job is making sure your case settles or reaches court with the minimum amount of trauma to your child and to you.
Get Legal Assistance From a Child Molestation Lawyer in San Diego
Almost nothing is as terrible for a parent as something traumatic happening to their child. A San Diego child molestation lawyer at the Cifarelli Law Firm is here to help you through this difficult time and get compensation for you and your child. We have offices in the city and throughout Southern California. Contact us today for a free and confidential case review.