How to File a Sexual Abuse Claim in California

REQUEST A Free CONSULTATION

A Guide to Reporting Sex Crimes and Filing a Sexual Abuse Claim in California

If you have been the victim of a sex crime in California you have both criminal and civil options available to you. Understanding how to report the offense, how the investigation works, and how to file a sexual abuse claim in California are the first steps toward holding the responsible party accountable. The Law Offices of Arash Hashemi has spent over 20 years handling sex crime cases throughout Los Angeles County from both sides of the courtroom. If you have questions about reporting a sex crime or filing a claim contact our office at (310) 448-1529 for a free confidential consultation.

How to Report a Sex Crime in California

A sex crime should be reported to local law enforcement as soon as possible. In Los Angeles you can report to the Los Angeles Police Department, the Los Angeles County Sheriff’s Department, or the police department in the city where the crime occurred. You can file a report in person at any police station, by calling 911 if the crime was recent or the suspect is present, or by calling the non-emergency line to make a report.

When reporting a sex crime you are not required to have a rape kit or physical evidence to file a report. A report can be made based on your account alone. If the assault was recent a forensic medical examination at a Sexual Assault Response Team center or hospital can preserve physical evidence even if you are not ready to file a police report immediately. Evidence collection is time-sensitive and should be done as soon as possible after the assault.

You may also report a sex crime to the California Attorney General’s Office or to the Department of Justice if the crime involved a registered sex offender in violation of their registration conditions. To report a registered sex offender who is violating their conditions of registration contact the California Department of Justice Sex Offender Tracking Program or your local law enforcement agency.

How to File a Sexual Abuse Claim in California

Separate from the criminal process victims of sexual abuse in California have the right to file a civil lawsuit against the perpetrator and in many cases against institutions that enabled the abuse. Filing a sexual abuse claim in California involves the following steps:

1. Consult an Attorney Before Filing

Before filing any claim speak with a criminal defense or civil attorney who handles sex crime cases. California law sets specific statutes of limitations on sexual abuse claims and those deadlines affect your options. Assembly Bill 218 significantly extended the statute of limitations for childhood sexual abuse claims in California allowing victims to file civil claims until age 40 or within 5 years of discovering the connection between the abuse and their injury whichever is later.

2. File a Police Report

A police report creates an official record of the abuse and initiates the criminal investigation process. It is not required before filing a civil claim but it strengthens the civil case and preserves your ability to cooperate with prosecutors if criminal charges are filed.

3. Preserve All Evidence

Preserve all communications including text messages, emails, social media messages, and voicemails from the perpetrator. Keep any physical evidence including clothing worn during the assault. Document any injuries with photographs. Save any records of medical treatment received after the abuse.

4. File the Civil Claim

A civil sexual abuse claim is filed in California Superior Court. The claim can seek compensatory damages for medical expenses, therapy, lost income, and pain and suffering as well as punitive damages against the perpetrator. When an institution such as a school, church, employer, or organization enabled or covered up the abuse it may also be named as a defendant in the civil action.

Criminal Report vs Civil Claim — Understanding the Difference

A criminal report initiates a government prosecution handled by the District Attorney. The victim is a witness in the case not a party to it and the DA controls all charging and prosecution decisions. If the defendant is convicted the outcome is a criminal sentence. The victim does not receive financial compensation through the criminal process.

A civil sexual abuse claim is filed by the victim directly in California Superior Court and seeks monetary compensation for the harm caused. The standard of proof in a civil case is lower than in a criminal case which is why a defendant can be acquitted criminally and still be found liable civilly. A criminal conviction is not required before filing a civil claim and a criminal acquittal does not prevent one from proceeding.

The two processes are independent and can run simultaneously. Many victims pursue both at the same time. Speaking with an attorney before deciding how to proceed helps ensure that the steps taken in one process do not affect the other.

Questions About Reporting a Sex Crime or Filing a Claim in Los Angeles?

If you have been the victim of a sex crime in Los Angeles or are seeking guidance on how to file a sexual abuse claim in California contact our office today. With over 20 years of experience handling sex crime cases throughout Los Angeles County Attorney Hashemi can answer your questions, explain your options, and help you understand the steps available to you. Contact our office today for a free confidential consultation.

Schedule a free Consultation:

We are conveniently located in the Westside Towers serving clients across Los Angeles, Beverly Hills, Santa Monica, the San Fernando Valley, Long Beach, and all surrounding communities.