Championing the Rights of Sexual Assault Survivors

While there is some overlap, sexual harassment, sexual assault, and sexual abuse have some notable distinctions. Sexual harassment involves unwanted sexual conduct in a workplace setting. The aggressor makes it clear that the unwanted advances are explicit or implicit conditions of your employment—any agreement or rejection could be used in employment-related decisions—or it creates a hostile work environment, unreasonably interfering with your ability to do your job.

Sexual assault occurs with no regard to employment status. The assault may or may not be tied to your job. In many cases, it happens outside work. Sexual abuse typically refers to victims of repeated sexual crimes, such as child who is molested, although sexual assault and harassment are types of sexual abuse.

If you are the victim of sexual assault, abuse, or harassment, it’s important to contact a skilled California sexual harassment attorney at Silva Injury Law right away. Attorney Cassidy Jensen is a sexual assault survivor. When you’re looking for an understanding and compassionate attorney who will aggressively fight for your rights, please contact Silva Injury Law.

What to do following sexual abuse will vary depending on the circumstances. No matter what, you should always start by ensuring your own safety and well-being. You might be in shock following a sexual assault at school or outraged after sexual harassment at work. It’s not uncommon to feel overwhelmed too.

Contact the police in the case of a criminal sexual assault, which can also preserve evidence in the case of a violent attack, such as rape. If you experience sexual harassment at work, you can report the person’s behavior. While employers are prohibited from taking retaliatory action, it does happen. That’s why you should reach out to a sexual harassment attorney right away.

Seeking medical attention is also important if you were physically assaulted. You can also choose to visit a medical center to get a rape kit completed before going to the police.

It’s crucial to take time to process your trauma. Seek professional help and talk to people you trust. If possible, seek out assistance from someone specially trained in sexual trauma. You need a safe space where you can learn to process your trauma and eventually reduce the negative psychological impact.

Consider all legal options if you have not contacted an attorney yet. Some survivors know they want to proceed with legal action, especially criminal charges when applicable. For other survivors, the course of action isn’t clear yet. Oftentimes, harassment or abuse involves someone you know. Filing a police report or speaking with a sexual harassment attorney can help provide some clarity and give you back a sense of power.

Sexual abuse trauma can manifest itself in multiple ways, including physical, emotional, and behavioral issues. If you
suspect your child is the victim of sexual abuse, the signs might not be that clear. Physical signs might include:

• • Bruises or bleeding in the genital area,

• • STDs,

• • Repeated genital or urinary tract infections,

• • Sleep disturbances,

• • Lack of appetite, and

• • Stained or bloody undergarments.

Examples of behavioral signs can include:

• • Fear of going to sleep,

• • Sudden and abnormal interest in sex,

• • Referring to body parts in new ways,

• • Bedwetting (especially if this is new),

• • Regression to infantile behaviors such as sucking their thumb, and

• • Refusing to discuss a secret they have with an older child or adult.

Emotional changes can include a sudden, unexplained fear or dislike of certain places or people, withdrawal, depression,
and sudden mood swings.

The statute of limitations for sexual abuse will vary depending on the circumstances and type of crime. For example, sexual assault has no statute of limitations under Penal Code Section 799(b)(1), provided the assault occurred on or after January 1, 2017.

Sexual harassment claims might be subject to a three-year filing window. However, you must file a claim with the Department of Fair Employment or Housing first.

California also recently extended the filing deadline for children who are victims of sexual abuse. They have until their 40th birthday or within five years of discovering the childhood abuse as an adult.

Determining the proper statute of limitations for cases involving sexual assault or harassment is complicated. You should speak with an experienced sexual harassment attorney at Silva Injury Law. Otherwise, you could be barred from any financial recovery should you miss the filing deadline or fail to follow proper procedures for federal employment harassment claims.

Sexual assault or sexual harassment victims often blame themselves for what happened. We hope you know it’s not your fault. The fault lies squarely in the hands of the person who victimized you. You did not provoke your attacker, you did not lead them on, and you do not deserve this. You probably know this on some level, yet the psychological trauma is so significant that victims blame themselves and assume they played a role. Nothing could be further from the truth.

We understand that sexual assault victims need emotional support. We pledge to assist you in whatever way we can to help you heal from this terrible incident. Our skilled lawyers will aggressively pursue every party responsible for your sexual assault so that they pay for the harm they caused you.

You might wonder if you need California sexual harassment victim lawyers to represent you if the prosecutor pressed charges. The state prosecutor brings criminal charges and asks for punishment commensurate with the charges. You are a witness to the prosecution. The district attorney’s office will undoubtedly treat you well and help you to the extent they can, but they do not represent you. They do not have your best interests at heart.

Moreover, the prosecution can only bring charges against people when they have probable cause of a crime. Civil law is different.

Under California’s sexual harassment laws, you have the right to sue the person who committed the act. Also, under California tort law, you may be able to sue others for negligence in addition to the perpetrator of the crime. California law allows you to file a damage claim against someone who had a duty to keep you safe and failed to follow their duty.

Here are a few examples of claims you could bring against the perpetrator and someone else for breaching the duty of care they owed you:

• Suing the owners of a barroom for an assault that occurred on their premises due to lack of security;
• Suing your employer for a sexual assault or sexual harassment that occurred at work;
• Claiming damages against a company for negligent hiring or negligent retention of an employee who committed a sexual assault; or
• Filing a lawsuit against a landowner for negligent security for a sexual assault that happened on the landowner’s grounds, even if committed by a stranger.

Dedicated and skilled California sexual harassment victim lawyers will explain to you in detail who may be liable to you for damages. We know that winning a lawsuit may not ever take away the pain, disgust, and horror you experienced. However, fighting to hold every person responsible for your attack could help you regain self-confidence and ease the pain