San Jose Sexual Abuse Lawyer

Sexual Abuse Lawyer San Jose CA | Injury Lawyer Team

Sexual assault and abuse can strike unexpectedly, leaving long-term psychological effects on victims and their loved ones. These devastating events can still occur in San Jose, even though you should feel safe and secure there. A San Jose sexual abuse lawyer can help you learn more about sexual abuse cases.

At Injury Lawyer Team, we are committed to supporting survivors of sexual abuse, offering compassionate and dedicated representation to help them pursue justice. Our sexual abuse attorneys offer the legal support you need throughout this legal matter.

Why Choose Injury Lawyer Team for Legal Support

With a deep understanding of the sensitive nature of these cases, we handle each one with utmost care and respect. We recognize the lifelong impact of sexual abuse or assault, and we are here to stand by survivors, helping them seek the justice they deserve when they are ready.

Any victim of sexual violence who is ready to seek justice against the perpetrator needs an experienced San Jose sexual abuse lawyer on their side. Injury Lawyer Team can support you in pursuing maximum compensation for damages so you can begin healing and moving on with your life.

While it can feel intimidating to seek out the help of a law firm, we’re there to help you in any way we can. We’ll help you with resources and provide legal options to ensure your abuser is brought to justice. We have a proven track record of pursuing compensation for our clients who have been assaulted or abused.

The combination of our legal expertise in sexual abuse cases and our compassion and drive to help survivors makes us a top choice to help you explore your legal options.

Book a free consultation

What is Sexual Abuse?

Sexual abuse and assault are often misunderstood terms that encompass a range of harmful behaviors. These crimes can include anything from unwanted sexual comments to the most extreme form of violation—rape. What defines sexual abuse and assault is the absence of consent and, often, a significant power imbalance between the perpetrator and the victim.

Consent must be given freely and enthusiastically, and may be withdrawn at any time if a person feels uncomfortable. When consent is obtained through manipulation, coercion, or intimidation, it is not true consent, and any sexual act that follows is considered a sex crime.

Any sexual misconduct can have negative impacts on the survivor’s life, from physical injury to lifelong emotional and psychological damage.

What are the Most Common Forms of Child Sexual Abuse?

Sexual assault and abuse cover various sex crimes. Some are extreme, while others seem so “minor” that not everyone realizes they are a crime. Common forms of sexual abuse or assault are:

Rape: Forced intercourse of any kind between two people. It often involves some force, coercion, or a power imbalance.
Statutory Rape: Acts between an adult and a minor who may have given their “consent” for the behavior, but, due to their age, is legally unable to provide valid consent.
Childhood Sexual Abuse: Any sexual behavior or act involving a child, usually by violating their trust and taking advantage of their vulnerability.
Sexual Harassment: This could be in the form of sexual favors, unwanted touching, or comments of a sexual nature.
Incest: Sexual activities between family members, usually between an adult and a child.
Digital Sexual Abuse: Sending and uploading intimate photos or videos of someone without their consent.
Voyeurism: Watching someone engage in sexual things or undressing without their knowledge or consent.

Our team of sexual abuse attorneys can help you learn more about the different types of abuse.

Where is Sexual Abuse Most Likely to Occur in San Jose?

Based on the sexual abuse cases we’ve handled, these are some of the institutions where sexual assault is likely to occur.

Inpatient Treatment Facilities

Many people take advantage of the vulnerability of those in inpatient treatment facilities, and we won’t stand for that. We understand the psychological toll these crimes can take.

Workplace

Whether your boss or coworker is giving you a hard time, we’ll help you hold them and your workplace accountable. Our lawyers will help gather witness statements so you have the proof you need to get the punitive damages you deserve.

Foster Care Home

Foster care can make a significant difference in a child’s life, but sometimes it’s not for the better. Our foster care system sees more sexual assault and abuse than it should. We’ll protect the rights of our foster care children.

Daycare Centers

Childhood abuse can take an emotional toll on children for a lifetime. You and your child can help deter such incidents with punitive damages. Any child sexually assaulted or abused at daycare will have our legal guidance as we fight their case.

Prisons and Jails

Even though someone’s in prison, they don’t deserve to be abused or assaulted. We’ll fight to protect your rights.

Religious Orders

If you or someone you love has been a victim of clergy abuse, we can help bring your perpetrator and the liable religious institution to justice.

Educational Facilities

From elementary students to those in college, we’ll handle any sexual assault or abuse cases by school staff on your behalf.

Sports Clubs

Whether it’s another teammate, coach, or team doctor, pursuing compensation can help you heal.

Nursing Homes

If there’s a sexual assault case against an elderly patient, we’ll be there to defend them against other patients and employees. We represent survivors of every age.

Shelters

Anyone in a shelter who’s been sexually assaulted can count on us to protect their rights. We can help prove beyond a reasonable doubt that the authoritative figures may have been responsible.

Military Institutions

We have experience defending military members who have suffered a sexual assault incident while serving our country. We understand the impact this can have on your professional life, and we’re hear for you.

Hotels and Short-Term Rentals

Even though these are transient locations in nature, no one deserves to be sexually assaulted or abused. We’ll fight to hold everyone involved accountable.

Let’s discuss the specifics of your case

What Should You Do After Being Sexually Abused?

If you’re the victim of sexual assault, knowing what you should do immediately after the attack is essential. It’s important for your safety and well-being and also for preserving your rights if you decide to pursue

Get to a Safe Location: Your safety is your top priority. If you can, go to a safe location; otherwise, call 911.
See a Medical Professional: Go to the hospital or another medical facility as soon as possible to ensure you’re okay. Even if you don’t have physical injuries, being at the hospital or medical office adds to your case and can help preserve evidence.
Preserve Any Evidence: Request a rape kit at the hospital to preserve any DNA evidence that can be essential in your lawsuit.
Document Everything: Do your best to document everything about the assault or abuse, including before, during, and anything else that might be important to your case.
Report What Happened: It can be intimidating to report what happened to you, but it’s vital if you want to seek justice and prevent others from getting hurt. Consider calling the San Jose Rape Crisis Center and reporting it to your local law enforcement agency.
Seek Support: You’ll need all the support you can get as you navigate the waters post-assault. Consider speaking with anyone you trust or contacting resources like the Santa Clara Sexual Assault Response Team (SART)
Contact a San Jose Sexual Abuse Lawyer: Get in touch with an experienced and compassionate sexual abuse attorney to start building your case against your abuser.

Consult a San Jose sexual abuse lawyer

What Economic Damages Can Victims Recover With a San Jose Civil Lawsuit?

When sexual abuse occurs, no amount of money will make what happened okay or erase it from your memory. Still, the legal team at Injury Lawyer Team can help you in your financial recovery journey.

The financial support that we can negotiate for you includes:

Lost wages
Medical expenses
Therapy and counseling costs

Each case of sexual assault or abuse is different, and the total amount of your settlement will vary. We understand this and take the necessary steps to prove your case and secure the financial compensation you need to heal. Some factors that will influence the settlement you might receive are:

The severity of the sexual assault or abuse
The short and long-term impacts the assault and abuse had on your life, including emotional and physical impacts
Your age at the time of the assault or abuse
The duration of the sexual abuse or assault
The perpetrator’s position of authority or trust over you

As your San Jose sexual abuse lawyer, we’re committed to investigating your claim while securing you fair compensation, considering the circumstances.

Who is Held Responsible in a Civil Claim?

As your San Jose sexual abuse attorney, we want to make sure everyone involved in what happened to you is held accountable. We can hold institutions liable for your sexual abuse or assault under legal grounds such as:

Failure to Report: When an institution knows or suspects that a sex crime has happened but chooses not to remove the employee from their payroll or report the incident, it can make them liable for the crime.
Failure to Train: Not training employees on the signs of sexual assault and abuse and what to do if they suspect someone has committed those crimes can make the institution responsible.
Negligence: This is when an institution fails to take precautions, such as appropriate supervision, to prevent sexual abuse or assault. They are also liable if they create environments where abuse can thrive.
Negligent Hiring: When employers hire people without a proper background check or knowing they have a history of committing sex crimes.

Proving that an institution is liable in a sexual assault or abuse case can be difficult, but we’ll use the legal principles available to help strengthen your case. Some we can use include:

Title IX
Sovereign Immunity
Respondent Superior
Charitable Immunity
Vicarious Liability

The power dynamics within religious communities often place leaders in positions of authority and trust, creating a significant imbalance that can silence victims and allow abuse to continue. Institutions may fail to report or cover up abuse to protect their reputation, making them complicit.

How Can You Hold the Abuser Accountable During the Legal Process?

It can be challenging to prove sexual abuse or assault, but a San Jose sexual abuse attorney from Injury Lawyer Team will never stray from a challenge. We can help prove that sexual abuse happened to you or your loved one by:

Gathering evidence of the sexual assault or abuse
Collecting documentation that’s relevant to the case
Proving negligence or intentional misconduct,
Gathering witness testimony (if applicable)
Working with legal experts and investigators to strengthen your case
Showing how an institution’s negligence led to the sexual assault or abuse
Determining damages
Establishing a timeline of the abuse

Book a free case evaluation

How Can a San Jose Legal Representation Help?

If you’ve been a victim of sexual abuse or assault in San Jose, the compassionate sexual abuse attorneys at Injury Lawyer Team are ready to help bring your abuser to justice. We can help sexual abuse or assault survivors throughout the legal process by:

Offering you a safe and confidential environment to share what happened to you
Giving honest and transparent feedback about your case and next steps in the legal process
Thoroughly investigating your claim to gather evidence and determine all liable parties
Dealing with opposing counsel and insurance companies on your behalf
Working with experts to gather testimony to strengthen your case
Negotiating a financial settlement
Get started with your civil case

What is the Statute of Limitations for Filing a Claim Under California Law?

Whether you’re ready or need more time before coming forward about the sexual abuse or assault that happened, understanding the statute of limitations in San Jose, CA, is essential. For those sexually abused in their childhood before 2024, survivors have until they turn 40 or within five years of discovering the abuse to file a civil claim.

New legislation enacts a different statute for sexual assault charges after 2024. 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. It’s important to remember that this applies to civil cases in the legal system, not criminal charges.

AB2777 creates another lookback window until 2027 that lets San Jose survivors file a civil lawsuit against institutions that helped cover up the crime to prevent further institutional abuse. 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 Jose 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 such as workplace harassment may have shorter statutes of limitations.

A legal professional, such as a sexual abuse attorney, can provide the safe and supportive environment you need to discuss the sexual acts that took place. They can help you determine whether you can file a civil claim for any case, whether it’s San Jose workplace harassment or years of childhood sexual abuse.

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

Civil lawsuit settlements for San Jose sexual abuse cases often range from a few thousand dollars to millions of dollars. Several factors impact how much your settlement may be. These include, but are not limited to:

Age: Childhood sexual abuse settlements often bring a more significant settlement because they tend to have an impact on development and frequently include an institution that was negligent or helped cover up the abuse.
Severity: A sexual abuse lawsuit settlement can also depend on the severity of injuries. For example, many people suffer from mental anguish or psychological trauma, but some also have severe post-traumatic stress disorder and must take daily medication to manage symptoms. Medical records can serve as evidence of physical injuries. Your legal team can help you learn more before you file your sexual abuse lawsuit.
Crime Committed: While we take all sexual abuse claims seriously, people tend to have higher settlements for cases that involve crimes like rape compared to settlements for crimes like sexual harassment.
Perpetrator: Sexual abuse claims that involve a victim who suffered sexual abuse at the hands of a figure of authority, such as clergy, may provide more compensation.
Economic Damages: Financial compensation may depend on the money you lost, such as lost wages. We’ll help you find physical evidence to prove that you deserve compensation for loss of future earned income or medical bills.
Nature of the Crime: How long the victim suffered sexual abuse can play a key role in determining the settlement amount. However, the length of time you suffered abuse isn’t the only thing considered. They’ll also consider whether a weapon was used, the severity of the offense under the law, and several other factors.

We have years of experience working with people who have suffered San Jose sexual abuse, whether it’s one incident of child molestation or years of such abuse. Our experienced lawyers will provide the legal counsel you need to seek compensation for economic and non-economic damages. We hold abusers accountable to deter similar conduct.

Example Cases Filed in Santa Clara County

A Santa Clara judge awarded multiple plaintiffs a settlement of over $100 million in a lawsuit against Union School District for failing to properly supervise staff, leading to a San Jose sexual assault. A music teacher at Dartmouth Middle School spent eight years grooming and abusing multiple students. Crimes range from inappropriate messages to sexual assault.

The school district was notified of inappropriate text messages, and failed to terminate his employment. The victims wanted to seek compensation for emotional trauma, and won. Mr. Neipp was sentenced to 52 years in prison, protecting students from further harm from him.

Sexual abuse survivors who suffered sexual abuse from a teacher’s aide were awarded over $1 million. The legal team was able to prove that Keith Woodhouse had previous allegations and was fired from a church due to inappropriate behavior. However, he was still hired at a development center where he allegedly molester over a dozen minors.

A police investigation led to criminal charges, a confession, and thirty years in prison. The police had physical evidence and medical records from their investigation, ensuring legal recourse was easier. The church was negligent for failing to report the incident to authorities or the parents, even though they fired Woodhouse. All the victims required medical treatment from a mental health professional for the emotional distress caused.

A foster child took legal action against the agency after discovering they were liable for his abuse, which started when he was 11. “The plaintiff sued Eastfield Ming Quong Inc., which was doing business as EMQ Children and Family Services; Daybreak Childcare Network Inc.; a private foster family agency, Giarretto Institute; and Jackson. He alleged negligence in screening Jackson to be a foster parent and negligent supervision of the foster home.” The verdict was in the plaintiff’s favor for $30 million.

Contact Us for a Confidential Consultation

When you need an experienced sexual abuse attorney in San Jose, Injury Lawyer Team won’t let you down. Our experienced lawyers can provide legal support or help you learn more about your legal options. We’ll help you seek justice against your abuser while negotiating a settlement that will help you through your healing journey. You can trust us to protect your rights and handle your case carefully.

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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.