Sexual Assault & Battery in California: Know Your Rights

If you are a survivor of sexual assault or battery in California, please know you are not alone. What happened to you is not your fault, and there are people ready to stand with you and support you through this difficult time. You have the right to safety, dignity and the support you need to reclaim your life.

Here are some resources to help you understand your rights and next steps if you intend to press charges. Both sexual assault and sexual battery are illegal and punishable by jail or prison time.

What Is Considered Sexual Assault?

Sexual assault is the touching of an intimate part of another person, against the will of the person touched, and is for the specific purpose of sexual arousal, sexual gratification or sexual abuse. For additional examples of different types of sexual assault, visit the California Legislative Information website.

What Is Considered Sexual Battery?

Sexual battery has the same definition as sexual assault, but with another layer: sexual battery occurs when the survivor is one or more of the following:

Restrained against their will
Institutionalized for medical treatment and seriously disabled or medically incapacitated
Unaware of the sexual nature of the act because the perpetrator misrepresented that the touching served a professional purpose, such as a medical exam

Aggravating factors other than those listed above also exist to separate the crime of sexual assault from the crime of sexual battery.

How to Report Sexual Assault and Battery

Ensure your safety: If you’re in immediate danger, move to a safe location as soon as possible.
Involve those that can help you: After a sexual assault or battery, you should always seek medical attention and call 911 to report the crime. Even if you don’t believe you are hurt, the hospital will be able to preserve important details about the crime while your recollection is fresh. They will also be able to collect physical evidence regarding the crime and the perpetrator that can help ensure the perpetrator is held responsible for their actions.
Report the assault to law enforcement: While reporting the crime promptly can help preserve crucial evidence, it’s never too late to come forward. California police departments are generally required to report any crime that has been committed and help survivors obtain services that can help them.
Consult a sexual assault attorney: Your sexual assault attorney can guide you through your legal options and help build your case. Your attorney is on your side, and can help you see a criminal case through, file a restraining order, and/or pursue a case for monetary damages in civil court against the perpetrator or other responsible parties (such as an employer, educational or religious institution, or the government).
Collect and preserve evidence: Keep any items that may support your case, such as messages, photos, clothing or documentation of injuries.

Statute of Limitations for Sexual Assault and Battery in California

California law sets specific deadlines for filing lawsuits related some types of sexual assault and abuse claims. In general, the sooner you report a crime and speak to a sexual assault attorney, the better.

These deadlines can be tricky to decipher, and they vary based on the specific circumstances of your case. Even if you believe that a crime is “outside of” the statute of limitations (or, in other words, past the time limit for bringing a lawsuit), you should still consult an attorney to make sure. An experienced sexual assault attorney may be able to pinpoint details of a case that could qualify it for a longer reporting period than what you assume.

Here is a generalized overview of the statutes of limitations for sexual assault and battery claims in California:

Sexual assault or battery of a minor has NO criminal statute of limitations – a criminal complaint can be brought at any time. If a survivor wishes to bring a civil claim, they can do so until the day they turn 40.
Felony sexual assault or battery has a 10-year statute of limitations if no DNA evidence exists. This means that a prosecutor must file the criminal complaint within 10 years of the date of the crime. If DNA evidence exists, there is NO criminal statute of limitations, meaning there is no deadline for filing a criminal complaint. If a survivor wishes to bring a civil claim (i.e., a claim for monetary damages against the perpetrator and/or another responsible party), they generally have 10 years from the date of the assault to bring a civil claim.
Misdemeanor sexual assault or battery carries a criminal statute of limitations of one year from the date of the crime. If a survivor wishes to bring a civil claim, they have two years from the date of the assault to do so.
Workplace harassment claims: California allows survivors a three-year period from the date of the violation to file a complaint for workplace discrimination, retaliation or harassment claims. Complaints must be filed with the Equal Employment Opportunity Commission (EEOC) or the Department of Fair Employment and Housing (DFEH). An attorney can guide you through this process.

Damages in Sexual Assault and Battery Cases:

When people think of filing a claim in relation to a sexual assault or battery, criminal proceedings are what most often come to mind. However, survivors are often typically entitled to another form of justice: monetary damages. Filing a claim in civil court can ensure the survivor receives payment to “make them whole” after their suffering. These types of damages include:

Compensatory economic damages – or damages intended to “compensate” the survivor for the monetary harm they suffered because of the crime. Compensatory economic damages may include payment for medical expenses, physical and mental therapy costs, lost wages (both past and future) due to time taken off from work, and compensation for reduced earning potential caused by physical and emotional injuries.
Compensatory non-economic damages are intended to compensate a survivor for non-monetary harm they suffered because of the crime. Compensatory non-economic damages may include payment for pain and suffering, loss of enjoyment of your life, and/or emotional distress suffered because of the crime.
Punitive damages are awarded to a survivor in some cases to punish the perpetrator and/or other responsible parties, such as employers or institutions.
Legal and attorneys’ fees: Many survivors fully recover the costs associated with filing and pursuing their civil claims in court.

Dunnion Law: Your Experienced Sexual Assault and Battery Attorneys

We are here to support you. At Dunnion Law, we understand the courage it takes to seek help, and we are committed to providing you with compassionate, confidential guidance. You deserve justice and the opportunity to heal. Contact us today to discuss your options and let us help you take the next step toward reclaiming your voice and your rights.

The Rape, Abuse & Incest National Network (RAINN) has a 24/7 communication line to offer resources and support for survivors of sexual assault and their loved ones. Chat online at online.rainn.org or call 800-656-4673.

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