Bakersfield Sexual Abuse Lawyer
Personal injury litigation is built around the idea that someone who accidentally causes another person to suffer physical injury can still be held financially accountable for the consequences of that injury. However, it is also possible to seek civil restitution in the same way from someone who intentionally causes or facilitates physical harm, including people who commit sexual assault or engage in any other form of sexual abuse.
Filing a civil suit over sexual abuse works differently than many other types of civil claims, which makes it especially important to have help from experienced personal injury attorneys when pursuing this sort of litigation. From beginning to end of the legal process, our Bakersfield sexual abuse lawyers could ensure your case is as strong as possible and work tirelessly to protect your best interests as well as your privacy to the fullest extent possible.
How Sexual Abuse Lawsuits Differ from Criminal Cases
Civil lawsuits over sexual abuse are not only separate and distinct from criminal charges over sexual abuse but also operate on different basic rules than criminal cases do. For example, defendants named in civil claims do not have a constitutional right to legal counsel like they do when facing criminal charges. It is fairly common for civil claims to conclude outside of court with private settlement agreements rather than through public court verdicts.
Perhaps most importantly, the standard of proof for civil lawsuits is based on a preponderance of the evidence, which is less burdensome than the beyond a reasonable doubt standard applicable to criminal cases. As our Bakersfield sexual abuse attorneys can explain in more detail, this means it is sometimes possible to hold someone civilly liable for sexual abuse even if they are acquitted of related criminal charges, get those charges dismissed, or never have charges brought against them in the first place.
Filing Time Limits for Sexual Abuse Litigation
Fortunately, the statutes of limitations for sexual abuse lawsuits are plaintiff-friendly compared to those in many other states. Someone who is subjected to sexual abuse while under the age of 18 on or after January 1, 2024, has no statutory filing deadline whatsoever on their right to sue their abuser for damages, although plaintiffs over the age of 40 when they file suit will need to have their legal representative include a certificate of merit with their complaint.
For people who were sexually abused before turning 18 prior to January 1, 2024, the effective deadline for filing suit over that abuse is either the prospective plaintiff’s 40th birthday or five years after they discovered they were psychologically harmed by the abuse they experienced. Finally, the deadline for claims over sexual abuse committed against someone over the age of 18 is either 10 years from the date of the assault or three years from the discovery of psychological injury from it. Our lawyers could go over what deadlines may apply to a specific sexual abuse lawsuit in Bakersfield during a confidential consultation.
Our Bakersfield Sexual Abuse Attorneys Could Help
No one deserves to be targeted by any form of sexual violence or mistreatment under any circumstances. Money alone cannot erase all the effects that abuse of this nature can have. What civil recovery can do, though, is help minimize the impact of specific physical, financial, and personal losses you have suffered and will suffer due to the criminal act someone else committed against you.
Our Bakersfield sexual abuse lawyers can support you throughout any legal action you wish to pursue. Call today to set up a private initial meeting.