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. You need a San Diego sexual abuse lawyer to fight beside you. Injury Lawyer Team is committed to helping sexual assault survivors in San Diego get the compensation they deserve and bring their abusers to justice. 

At Injury Lawyer Team, 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 Injury Lawyer Team?

The legal team at Injury Lawyer Team 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 substantial payouts, so clients can afford everything they need on 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 leverage our San Diego expertise to protect your rights while prioritizing your healing and financial recovery.

What is 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.

What are the Common Forms of Sexual Abuse in San Diego County?

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 Assault: 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.

Other forms of criminal charges include attempted rape, sexual battery, and workplace harassment. If you’ve experienced a crime, taking legal action is a critical step in your healing process. Legal action can help you hold the responsible party accountable for their actions. 

What Institutions are More Likely to Have a Sexual Abuse Problem?

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. Legal options may include working with law enforcement to file federal criminal charges or a lawyer to file a civil suit. 

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 a facility employee committed the crime. We can also hold the institution liable in a civil suit if it failed to protect the survivor. 

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. We’ll explore all factors contributing to the incident, including whether the staff was negligent or whether there were unfair hiring practices, to help you recover compensation. 

Foster Care

The right foster care parents can make all the difference, leaving children forever grateful. However, sometimes the social justice system doesn’t work as it should, leading to abuse. 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 civil cases where abuse happened in daycare centers. We’ll defend the child against their abuser, whether it’s another child or an employee. Many survivors are victims of the daycare center itself, which failed to provide a safe environment. 

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. Often, survivors feel guilty, leading to therapy and high medical costs. Conditions like PTSD can result in taking life altering preventative medications just to make it through the day. We’ll discuss the emotional toll many survivors feel during the initial consultation. 

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 the institution 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. Our law firm will consider the many factors contributing to the abuse to help you get compensatory damages. 

Sports Clubs

Athletes of all ages are often subjected to abuse from other teammates, coaches, and team doctors. The lawyers at our law firm have their best interests at heart and provide 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 our law firm will represent any member of the armed forces who has been sexually 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.

What Should You Do 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: If possible, go to a safe place.
• 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 trusted contacts or explore resources in San Diego, such as the Sexual Assault Response Team (SART).
• Contact a Sexual Assault Lawyer: Reach out to an experienced sexual assault attorney or law firm who will handle your case with the care it deserves.

What Damages Can Sexual Abuse Victims Recover in San Diego?

No amount of money will make what happened to the survivor acceptable, but it can help with 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 Injury Lawyer Team, 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.

Who is Held Responsible 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 a 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 Do You Prove an Institutionalized Sexual Abuse Case During a Civil Lawsuit?

It’s not always easy to prove sexual assault in sexual assault cases. That’s why the legal team at Injury Lawyer Team 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 impact of the abuse and hold perpetrators accountable.

How Can Our San Diego Sexual Abuse Lawyers Help?

If you’re a victim of a San Diego sexual assault case, Injury Lawyer Team 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

What is the Time Limit for Filing a Claim in San Diego?

California legislation involves several laws to ensure sexual assault survivors have plenty of time to come forward and file sexual assault claims. Newsom signed AB250 into law, letting survivors file sexual assault claims that were previously barred due to the old statute of limitations. The lookback window lets victims file claims in 2026-2027. 

AB2777 creates another lookback window until 2027 that lets survivors file a civil lawsuit against institutions that helped cover up the crime. Cover-ups are common when it comes to institutionalized sexual abuse, such as sexual contact between a priest and a child. These institutions can be held liable in San Diego sexual abuse claims. 

AB452 eliminates the statute for children to file sexual assault claims, provided they happened after 2024. However, it’s important to note that the law specifies sexual assault. Crimes like sexual harassment may have a shorter statute of limitations. 

Childhood abuse that happened before 2024 is subject to the old statute of limitations, which is when the victim turns 40, or five years from discovery. An experienced sexual assault lawyer can help you learn more about how the statute of limitations impacts your case. 

What is the Average Sexual Abuse Settlement in San Diego, California?

The average settlement in a sexual abuse or sexual harassment case is $727 192. However, the settlement can vary depending on the case, damages, severity of abuse, and whether you work with an experienced sexual assault lawyer. 

Having an experienced sexual harassment attorney on your side can make or break your case. Our attorneys can help you prove you were sexually abused, such as by getting medical records of sexually transmitted infections or injuries. We can explain the legal process and walk you through it to ensure you understand everything. You deserve compensation, and we’ll fight with you to secure it. 

Example Cases Filed in San Diego County

Many plaintiffs use the legal process to seek financial compensation against institutions liable for sexual assault. 

Another plaintiff was awarded over one million dollars after proving that a consensual relationship with a teacher damaged her ability to form healthy relationships. The plaintiff was 16 when the relationship began, and the school was negligent in the oversight of its staff. The relationship with the 36-year-old teacher ended after the plaintiff went to college, and she required years of therapy afterwards. 

A 15-year-old male was in a relationship with Toni Sutton, a 36-year-old teacher who was later sentenced to prison. The teenager was sexually abused for 8 months when he was 15-16. Psychological damages included post-traumatic stress disorder. He was embarrassed and felt guilty after the prison sentence. Sexual activities often happened on school grounds. The plaintiff, listed only as “James Doe,” was awarded more than $2 million in damages in a lawsuit against the perpetrator and the San Diego Unified School District, which failed to supervise its staff properly. 

A lawsuit against the Twin Rivers Unified School District resulted in a $100,000 settlement. A six-year-old child was transferred from his regular school to a day school, where older children took him behind a building and sexually assaulted him. The older children were not properly supervised, making the school liable for the incident. The child suffered physical injuries, emotional distress, and required counseling. 

Dealing with the complex legal system can be challenging, especially while you’re healing. An experienced attorney can help you deal with the legal process so you can focus on your healing journey. Advocacy groups can help you find counseling, while legal representation can hold the party responsible and accountable through a civil claim. 

Contact Us for a Free Consultation

If you’re looking for a compassionate and experienced sexual assault attorney in San Diego, Injury Lawyer Team has your back. With our success rate in sexual assault and abuse cases and our thorough approach to handling these sensitive cases, you have a trusted ally with us.

Call or fill out this online form when you’re ready to discuss legal options, including filing a civil claim. 

Related Practice Areas

Fresno Sexual Abuse Lawyer
Los Angeles Sexual Abuse Lawyer
San Francisco Sexual Abuse Lawyer
San Jose Sexual Abuse Lawyer

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.