Los Angeles Sexual Assault Injury Lawyers
According to a Bureau of Justice Statistics study, over 300,000 people were victims of sexual assault in 2013. By 2017, the figure had risen by approximately 25% to nearly 394,000 victims. While the unprecedented rise in cases can be due to an increase in reporting, it may also be due to sexual assault being actually on the rise.
Different states have different laws on sexual assault, with some states only allowing victims to seek justice through a criminal case. However, some states allow victims to pursue justice through criminal and civil cases, including California. The civil proceedings are usually the only way a sexual assault victim can achieve closure and hold the perpetrator/abuser personally accountable.
Sexual assault is a serious crime that can leave a victim physically injured and with lifelong emotional wounds. Unfortunately, most sexual assault cases occur in the hands of people close to the victim, including family members. Understandably, these dynamics can make a sexual assault victim reluctant about reporting the incident or consulting a sexual assault injury lawyer.
If you are in Los Angeles, CA, and a victim of sexual assault or sexual abuse, we are here. Our experienced sexual assault attorneys at Heidari Law Group are determined to protect you from further emotional trauma while fighting for your right to compensation. We understand how sensitive a sexual assault case is, and we always endeavor to respect your privacy and right to discretion.
Elements of Sexual Assault Injuries
Due to the sensitive nature of a sexual assault case, the law requires a victim to prove several elements beyond a reasonable doubt, including:
- the perpetrator/defendant sexually assaulted them
- they suffered injuries and other damages due to the sexual assault, and
- through intention or acts of negligence, the defendant directly caused the victims injuries and other damages
Typically, the defendant is liable to pay damages and is criminally liable since they had an intent to assault the victim. However, where the sexual assault is also due to negligence, the victim must prove other elements to recover damages in a personal injury lawsuit. The victim must prove that:
- the defendant owed them a duty of care not to harm them, and
- through their actions, the defendant breached this duty of care, and
- directly harmed them, including causing actual emotional and physical injuries
Recovering Damages in a Sexual Assault Case
Some of the damages a sexual assault victim can recover include:
- Physical & emotional suffering – Sexual assault is mostly a traumatic event that often leaves victims with long-term psychological injuries or trauma. Accordingly, a victim can recover monetary compensation to cover the cost of therapy and related medical treatment.
- Property damage – Sexual assault victims may recover damages for any property damaged during the assault. For example, if the defendant smashed the victim’s car window during the assault, the victim can recover damages.
- Medical bills & healthcare costs – The victim can recover damages for medical bills incurred as a necessary treatment for the sexual assault.
- Loss of affection or companionship – If the victim suffers a loss in companionship or love because of the sexual assault, they may recover damages for the same.
- Lost wages & future earning capacity – If a sexual assault prevents a victim from returning to work or earning an income, they can recover damages for lost wages and lost employment opportunities.
- Possible punitive damages – For offenders who intentionally harm others or act in egregiously negligent ways, the court may hold them liable for punitive damages to dissuade others from engaging in similar behavior.
Statute of Limitations in Civil Sexual Assault Cases
Statute of limitation is a ‘deadline’ on when you can file a civil lawsuit. While sexual assault criminal cases have no statute of limitations, some states limit when to file a civil claim involving sexual assault or sexual abuse. However, these states also allow for the extension of the statute and have no limit for child sex abuse cases. Below is an overview of the statute of limitations for sexual assault civil cases by the state:
State |
Sexual Assault Statute of Limitations |
Extension in Child Sex Abuse Claims |
| Alabama | 2-years from the date of the alleged incident | No Extension |
| Alaska | 3-years from the date of the alleged incident for misdemeanor sexual assault, incest, felony indecent exposure, and misdemeanor sexual abuse of a minor. | Action can be brought at any time for felony sex trafficking, unlawful exploitation of a minor, felony sexual assault, or felony sexual abuse of a minor. |
| Arizona | 2-years from the alleged incident for most types of cases | Possible extension in statute for cases involving children |
| Arkansas | 3-years from the alleged incident | 3-year extension from the moment of discovery if the victim was under 18 when the alleged sexual abuse occurred. |
| California | 2-years from the alleged incident | 8-year extension from the date when the victim reaches the age of majority or a 3-year extension from the date the victim discovers the causal connection f the injury. Whichever date expires later is the limit. |
| Colorado | 2-years from the alleged incident | 6-year extension from when the victim reaches the age of majority or 6 years after removing a disability. |
| Connecticut | No statute of limitations for Sexual Assault 1 or Aggravated Sexual Assault 1 cases | 30-year extension from the date when the victim reaches the age of maturity in cases involving sexual assault, exploitation, or sexual abuse of a minor. |
| Delaware | 2-years from the alleged incident | No time limit for cases involving claims of sexual abuse of a minor. |
| District of Columbia | 3-years from the alleged incident | 7-year extension from the date of the victim’s 18th birthday or a 3-year extension from the date the victim knew or should have known. |
| Florida | 7-years from when the victim turns the age of majority
4-years from when the victim is no longer a dependent of the abuser 4-years from the time of discovery Whichever expires later. |
No time limit for cases involving a sexual battery offense on a victim under the age of 16. |
| Georgia | 2-years from the alleged incident | 5-year extension from the date when the victim reaches the age of majority.
*For victims over the age of 65, the statute is tolled until the violation has been reported to or been discovered by a prosecuting attorney, government agency, or law enforcement. |
| Hawaii | 2-years from the alleged incident | The statute is tolled if the victim was under the age of consent when the alleged incident occurred. |
| Idaho | 2-years from the alleged incident | 5-year extension from the date when the victim reaches the age of majority. |
| Illinois | 2-years from the alleged incident in most cases or no statute of limitations if the case involved a Class X or Class 1 felony. | Action can be brought at any time for cases involving childhood sexual abuse claims. |
| Indiana | 2-years from the alleged incident | For child sexual abuse cases, a 7-year extension from the date the alleged incident occurred or a 4-year extension from when the victim is no longer dependent on the alleged abuser. |
| Iowa | 2-years from the alleged incident | 4-year extension from the date of discovery.
5-year extension from the victim’s last therapy session or school enrollment if the abuser was a counselor or therapist. |
| Kansas | 2-years from the alleged incident in most cases | 3-year extension from the date when the victim reaches the age of 18 or a 3-year extension from the date when the victim realizes they have suffered an illness or injury from sexual abuse. |
| Kentucky | 1-year from the alleged incident | 5-year extension from the date of the alleged perpetrator’s last act, 5-year extension from the date of discovery, or 5-year extension from when the victim reaches 18. |
| Louisiana | 1-year from the alleged incident | 10-year extension from the date when the victim reaches the age of 18, which does not start counting until the victim reaches the age of majority. |
| Maine | 2-years from the alleged incident in most cases | No time limit for cases involving claims of sexual abuse of a minor. |
| Maryland | 3-years from the alleged incident | 7-year extension from the date when the victim reaches the age of majority. |
| Massachusetts | 3-years from the alleged incident | 35-year extension from the date at which the alleged incident occurred or a 7-year extension from the time of discovery.
*Statute is tolled until the victim reaches the age of majority. |
| Michigan | 2-years from the alleged incident | No Extension |
| Minnesota | 6-years from the alleged incident, if the victim knew or had to reason to believe that their injury was caused by sexual abuse | The statute is tolled until one year after the victim reaches the age of majority. This extends the statute to when the victim reaches the age of 25. |
| Mississippi | 3-years from the alleged incident | 3-year extension from the date when the victim reaches the age of majority. |
| Missouri | 5-years from the alleged incident | 10-year extension from the date when the victim reaches the age of 21 or 3-year extension from the date of discovery, whichever occurs later. |
| Montana | 3-years from the alleged incident | 3-year extension from the date of the alleged incident or a 3-year extension from the date of discovery of the causal connection of the injury. |
| Nebraska | 4-years from the alleged incident | 4-year extension from when the victim reaches the age of 21. |
| Nevada | 2-years from the alleged incident | 10-year extension from the date when the victim reaches the age of 18 or from the date of discovery of the causal connection of the injury. |
| New Hampshire | 3-years from the alleged incident | 12-year extension from the date when the victim reaches the age of 18 or 3-year extension from the time of discovery. |
| New Jersey | 2-years from the alleged incident | 2-year extension from the date of “reasonable discovery.” |
| New Mexico | 3-years from the alleged incident | 3-year extension from the date of discovery or by the victim’s 24th birthday. Whichever date occurs first. |
| New York | 5-years from the alleged incident in most cases | 5-year extension from when the alleged incident occurred for sexual crimes involving a minor. |
| North Carolina | 3-years from the alleged incident | The statute can be extended depending on the minor’s “incapacity” status. |
| North Dakota | 2-years from the alleged incident | 10-year extension from the date the victim knew or reasonably should have known that the alleged incident was child sex abuse. |
| Ohio | 2-years from the alleged incident | 12-year extension from the date when the victim reaches the age of 18. |
| Oklahoma | 2-years from the alleged incident | 5-year extension from the date when the abuser is released from a correctional facility or jail.
*Statute is tolled until the victim reaches the age of 18. |
| Oregon | 2-years from the alleged incident | 5-year extension from the date the victim discovers the causal connection of their injury or when the victim reaches the age of 40. Whichever comes later. |
| Pennsylvania | 2-years from the alleged incident | 12-year extension from the date which the victim reaches the age of maturity. |
| Rhode Island | 3-years from the alleged incident | 7-year extension from the date the alleged incident occurred or a 7-year extension from the date of discovery. |
| South Carolina | 3-years from the alleged incident | 6-year extension from when the victim reaches the age of 21 or 6 years after the date of discovery. |
| South Dakota | 3-years from the alleged incident | 3-year extension from the date of the alleged act or 3 years from the date of discovery. |
| Tennessee | 1-year from the alleged incident | *Statute is tolled until the victim reaches the age of 18. |
| Texas | 2-5 years from the alleged incident | *Statute is tolled until the victim reaches the age of 18. |
| Utah | 4-years from the alleged incident | Action can be brought at any time for cases involving claims of child sex abuse. |
| Vermont | 3-years from the alleged incident | 6-year extension from the date of the alleged incident or 6 years from the date of discovery. |
| Virginia | 2-years from the alleged incident | 2-year extension from the date of the alleged incident.
*Statute is tolled until the victim reaches the age of 18. |
| Washington | 3-years from the alleged incident | Within 3 years of alleged incident or time of discovery.
*Statute is tolled until the victim reaches the age of 18. |
| West Virginia | 2-years from the alleged incident | 2-year extension from the date when the victim turns the age of 18. |
| Wisconsin | 2-years from the alleged incident | The statute is extended until the victim’s 35th birthday. |
| Wyoming | 4-years from the alleged incident | 8-year extension from the date when the victim reaches the age of 18 or a 3-year extension from the date of discovery. |
Contact a Los Angeles Sexual Assault Injury Lawyer
Victims of sexual assault and abuse often feel confused and anxious about sharing their story or reporting the event, especially if the perpetrator is someone close to them and the abuse has been going on for a long time. Besides inflicting physical injuries, sexual assaults usually leave victims traumatized and requiring costly long-term medical treatment, including therapy.
While filing a lawsuit will not necessarily ease your emotional or physical pain, it will at least help you hold the perpetrator accountable for their actions, including suing for financial compensation. At Heidari Law Group, our experienced Los Angeles sexual assault lawyers understand the sensitivity of sexual assault cases and are determined to guide you through the emotionally sensitive process while helping you recover damages for your injuries. Contact us today for a free case evaluation and to learn more about our services.
Get a Free Consultation
If you need a personal injury attorney with a history of success, good communication at all stages of your case, and who will help you manage and settle your case call Abogados Con Experiencia. We will handle your case so that you can heal and put your life back together.
Are we a good fit?
- Have you suffered injuries in an accident that was caused by someone else?
- Does the person who is responsible for these damages have insurance?
- Were there significant injuries that caused hospital visits or missed work?
- Did the accident happen within the last 24 months?
If you answered YES to ALL of the questions, Abogados Con Experiencia may be a good option. Contact us today for a free case evaluation. Our team will lay out your options and answer all of your questions regarding your potential case. It is our job to determine how to best protect your rights and minimize the impact of an injury caused by another’s carelessness thus giving you the ability to focus on recovery.