San Diego Sexual Abuse Lawyer

San Diego is known for its beauty and safety, but even in the safest places, sexual abuse and assault can occur. Rosenfeld Injury Lawyers is committed to helping sexual assault survivors in San Diego get the compensation they deserve and bring their abusers to justice. 

At Rosenfeld Injury Lawyers, we understand that these cases have unique challenges, partly due to the immense impact that the abuse has on the survivors for the rest of their lives. Whether you’re ready to come forward immediately or need time to face your abuser, working with a sexual assault attorney from our firm will help you seek justice while protecting your rights. 

Why Choose Rosenfeld Injury Lawyers

The legal team at Rosenfeld Injury Lawyers is dedicated to helping survivors move on with their lives. We seek to get our clients the compensation they deserve for what they’ve been through so they can heal and leave the abuse in the past. 

Working with a sexual assault lawyer from our firm means you’ll have an experienced and compassionate attorney on your side every step of the way. We have a proven track record of settling cases with high payouts so clients can afford everything they need in their healing journey. 

Our sexual assault attorneys have the experience and tact to handle these cases with the attention they deserve. We leave no stone unturned and will use our expertise in San Diego to protect your rights while prioritizing your healing and financial recovery. 

Understanding Sexual Assault and Abuse

The issue with sexual assault and abuse is that not everyone fully understands what constitutes sexual assault or abuse. These crimes encompass a range of non-consensual sexual violence or acts. They often involve power imbalances and always lack consent. 

These sexual acts are a violation of someone’s bodily autonomy and can cause physical, psychological, and emotional trauma. Sexual abuse typically refers to more than one incident, generally happening over months or even years, while sexual assault involves specific incidents of unwanted sexual contact. 

Regardless of what the sexual nature or behavior is, when there’s no explicit consent or consent obtained via coercion or manipulation, it’s a sex crime. Survivors of sexual assault deserve to see their abuser brought to justice and receive compensation for the damages they’ve endured. 

Common Forms of Sexual Abuse

Sex abuse comes in many shapes and forms, such as: 

• Rape: This is forced sexual intercourse of any kind. It’s very traumatic for the survivors and usually involves a high level of force, coercion, or a power imbalance between the abuser and victim. 
• Sexual Harassment: This crime is any unwanted sexual advances or behavior and can be anything from sexual comments and asking for sexual favors to inappropriate and unwanted touching. 
• Child Sexual Abuse: Any sexual behavior or activity where a minor is involved. It can be any form of sexual assault and involves exploiting the vulnerability of children.
• Digital Sexual Abuse: Often called “revenge porn,” digital sexual assault is the sharing of intimate videos or images on the internet or digitally in emails, texts, etc. 
• Voyeurism: This sex crime is when anyone watches someone undress, perform sexual acts, or do anything nude without the person’s knowledge or consent. 
• Statutory Rape: Intercourse between a minor and an adult where the minor cannot legally consent. This sexual act typically occurs between a teenager and an adult, where the teenager says they consent, but their age prohibits their consent from being valid. 
• Drug-Facilitated Sexual Assult: When someone uses drugs or alcohol to incapacitate their victim before performing non-consensual acts. 
• Incest: Sexual conduct and behavior between family members, regardless of whether there’s valid consent or not. These sexual assault victims are typically children where a parent or other adult family member is the perpetrator. 
• Sexual Exploitation: The abuse of trust and power to manipulate someone vulnerable for sexual purposes.

Institutions Where Sexual Abuse Is Most Likely to Occur

Sexual assault can happen anywhere, but there are certain institutions where it’s known to happen. We handle sexual assault cases that occur in the following institutions. 

Workplace

We can tackle any case of workplace sexual harassment or assault. Whether it’s a small business or a large corporation, we’re prepared to fight your case. 

Inpatient Treatment Facilities

We represent clients who’ve been abused or assaulted while at an inpatient treatment facility. We can take cases where another patient or someone who works at the facility committed the crime. We can also hold the institution liable. 

Prisons and Correctional Facilities

Abuse within the prison system is more common than you might think. We’re prepared to help protect the rights of prisoners who’ve been assaulted by another inmate or correctional officer while serving their sentence. 

Foster Care

We’re advocates for children within the foster care system who’ve been abused and assaulted by other foster care children, social workers, or their foster parents. 

Daycare Facilities

Much like with foster care cases, we can handle cases where abuse happened in daycare centers. We’ll defend the child against their abuser, whether it’s another child or an employee. 

Educational Facilities

Abuse and assault within educational facilities are also common. We’ll represent the survivors whether they’re in elementary school or on a college campus. 

Religious Institutions

Clergy abuse is often swept under the rug. Still, with more accounts of sexual assault in San Diego coming to light, we’re prepared to hold the religious leader and institute responsible. 

Nursing Homes

Elderly abuse within nursing homes isn’t easy to spot, but we’ll protect the rights of older people from other residents and employees. 

Sports Clubs

Athletes of all ages are often subjected to abuse from other teammates, coaches, and team doctors. We have their best interests in mind and offer compassionate legal guidance. 

Military Institutions

Similar to clergy abuse, many cases of abuse within the military are swept under the rug. More cases are coming out, and we’ll represent any member of the armed forces who has been sexually assaulted or abused while serving our country. 

Hotels and Short-Term Rentals

Due to the transient nature of hotels and short-term rentals, many people are sexually assaulted by them or trafficked. We’ll fight to hold the institution and perpetrator responsible. 

Shelters

Shelters are supposed to help vulnerable people feel safe and off the streets, which makes it more upsetting when sexual assault happens to them. We’ll represent anyone abused or assaulted while staying in a San Diego shelter.

Steps to Take If You Are a Victim of Sexual Assault

If you’ve been sexually assaulted, knowing what to do afterward is incredibly beneficial. Steps you’ll want to try to take after this happens include: 

• Stay Safe: Get yourself somewhere where you feel safe if you can. 
• See a Medical Professional: Visit a hospital regardless of whether you have visible injuries or not. 
• Preserve Evidence: Request a rape kit at the hospital to preserve any forensic evidence for when you’re ready to file a civil lawsuit.  
• Document Everything: Document everything you can leading up to the incident, what happened, and right after. 
• Report the Sexual Abuse or Assault: Report the incident(s) to your local police department in San Diego. 
• Find Support: Reach out to those you trust or look into resources around San Diego, like the Sexual Assault Response Team (SART). 
• Contact a Sexual Assault Lawyer: Reach out to an experienced sexual assault attorney who will handle your case with the care it deserves. 

Compensation for Sexual Abuse Victims

No amount of money will make what happened to the survivor okay, but it can be helpful in the healing process. We’ll request financial compensation on your behalf for the damages you suffered during the sexual assault or abuse. 

This financial support can be crucial in the healing process as you rebuild your life. Compensation that’s available to survivors includes: 

• Lost wages 
• Medical expenses and therapy bills
• Loss of enjoyment of life 
• Emotional distress 
• Pain and suffering 
• Punitive damages 

Every case of sexual assault and abuse is different, so how much you’ll receive in your civil case will vary. Factors that can influence the total settlement amount are: 

• The severity of the assault or abuse 
• The duration of the sexual abuse 
• The age of the survivor at the time of the abuse 
• The perpetrator’s position of trust or authority over the victim 
• The short and long-term impacts on the survivor (emotional and physical)

At Rosenfeld Injury Lawyers, we’ll thoroughly investigate your claim to ensure we’re requesting a fair settlement, considering what you went through. We’ll do everything in our power to make the process go as smoothly as possible so you can get monetary compensation as you heal. 

Liability in Sexual Assault Cases

Liability in sexual abuse cases can apply not only to the individual perpetrator but also to institutions that failed to prevent or address the sexual assault. Institutions can be held responsible under legal theories such as:

• Negligence: When an institution fails to take reasonable steps to prevent sexual violence, such as insufficient background checks or poor supervision.
• Negligent Hiring: Hiring employees who haven’t been vetted or have a history of sexual misconduct. 
• Negligent Retention: Retaining an employee even after there is evidence or strong suspicion of their involvement in abusive behavior.
• Failure to Report: Many professionals are mandated reporters, but even if the institution isn’t considered a mandated reporting institution, if they suspect or know about abuse and fail to report it, they can be held liable. 
• Failure to Train: Not training employees on how to spot sexual abuse and what to do if they suspect it can cause them to be liable. 

To help strengthen a sexual abuse case where the institution is also being held liable, we can reference the following legal principles: 

• Charitable Immunity
• Title IX
• Vicarious Liability
• Respondent Superior 

Additionally, power dynamics within religious communities or other organizations can create environments where abuse is more likely to occur, further implicating those institutions.

How to Prove a Sexual Abuse Case

It’s not always easy to prove sexual assault in sexual assault cases. That’s why the legal team at Rosenfeld Injury Lawyers has adopted a comprehensive approach to help strengthen your case before heading into settlement negotiations or trial. We help prove sexual abuse by: 

• Gathering evidence of the abuse 
• Collecting any documentation relevant to the case (police reports, hospital records, emails, text messages, etc.)
• Securing witness testimony (if applicable)
• Gathering expert opinions on sexual abuse and survivors 
• Showing negligence by the perpetrator or institution 
• Establishing damages 
• Building a timeline of the abuse 

Legal experts and investigators are essential in this process. Your legal counsel can collect evidence, interview witnesses, and work with specialists to assess the abuse’s impact and hold perpetrators accountable.

How Our San Diego Sexual Abuse Lawyers Can Help

If you’re a victim of a San Diego sexual assault case, Rosenfeld Injury Lawyers is ready to help you navigate the legal system and seek justice. We help sexual abuse survivors by: 

• Giving survivors a safe and confidential place to explain their story 
• Providing clear and honest feedback and advice about their case 
• Investigating their sexual abuse claim thoroughly to build a strong case 
• Communicating with the opposing counsel and insurance companies 
• Partnering with experts to strengthen their case 
• Negotiating a settlement for the sexual assault case 
• Fighting to protect their rights in the courtroom if necessary

The Time Limits for Filing a Claim in San Diego

Not everyone is ready to file a lawsuit after being sexually assaulted or abused immediately. However, San Diego has a statute of limitations for filing a civil claim. For abuse or assault that occurred in adulthood, the survivor has ten years from the date of the last incident or within five years of discovering the abuse. 

For childhood sexual abuse, the survivor has until they turn 40 years old to take civil action. New legislation might be passed soon in California that eliminates the statute of limitations for childhood sexual abuse. 

Contact a San Diego Sexual Assault Lawyer Today!

Call (888) 424-5757 or fill out this online form.