All individuals, regardless of their gender, sexuality, age, body type, or fertility, deserve to feel safe at all times. Nowhere is this more true than in the workplace or in public spaces where people of all walks of life may exist in the same space. Unfortunately, many people experience hateful or mocking comments; gestures; implications; and even violence from others who deem they are easy targets.
Your worth is not based on the cruel words or actions of others. If you’ve been the target of sexual harassment or problematic comments at work or in a place of business, contact us today to schedule a free consultation with a compassionate California sexual harassment lawyer. We can help hold bad actors accountable.
What is Sexual Assault?
Sexual Assault is an umbrella term used to describe hostile, mocking, or hurtful words, comments, gestures, or actions that target individuals of a certain gender identity, age, sexuality, body type, or fertility status. Oftentimes, victims fall into one or more of the following groups:
- Women or feminine-presenting people
- LGBTQIA+
- Pregnant people
- Middle-aged or older people
Although sexual assault claims have been used historically to protect women in the workplace, it’s important to note that anyone can be a victim of sexual harassment, even cisgendered, straight men. Harmful words should never receive a pass, regardless of their target. If you’ve been harassed at work, report the incident straight away to HR.
If your employer is not helping you through a sexual assault or harassment issue at your workplace, you have other options. Let our sexual harassment attorneys show your abuser you mean business.
What Kind of Compensation Can Victims of Sexual Assault Receive?
When you choose to bring a sexual harassment lawsuit alongside a California attorney, you could demand a wide variety of damages. Usually, experienced sexual harassment lawyers can successfully recover compensation for:
- Mental anguish
- Trauma
- Therapy bills
- Lost income due to harassment, such as calling out of work to avoid the abuser
- Punitive damages
If the harassment escalates to sexual assault, medical bills and other damages may also be included.
How Do You Prove a Sexual Assault Lawsuit?
Sexual assault is taken very seriously by many organizations. As such, there are often significant amounts of documentation available if the assault is reported to police and HR. However, many victims of sexual harassment or assault do not report for fear of ridicule, disbelief, reliving the trauma, or job loss. Regardless of whether you have chosen to report your harassment or assault, documentation is everything when it comes to proving the sexual harassment negatively impacted your life.
Victims should keep text messages, emails, and even a journal detailing each instance of sexual harassment and how it made them feel. Mentioning the harassment or assault in therapy can also help build documentation against your abuser. A sexual assault lawyer can also help you build a case based on your unique circumstances. While it may feel frightening to explain the extent of your anguish to an attorney, the right sexual assault lawyer can listen with a compassionate ear and develop a plan to help you seek justice.
Can I Be Retaliated Against for Bringing a Sexual Assault Lawsuit?
Legally, you cannot be retaliated against for reporting sexual assault or bringing a lawsuit. Your employer cannot fire you or take unnecessary disciplinary steps as a result of your report. If they do retaliate, contact a sexual harassment attorney immediately and report the employer’s actions to the California Civil Rights Department (CRD).
Frequently Asked Questions
How long do I have to report a sexual assault in California?
Sexual assault claims typically fall under personal injury matters. While most personal injury matters have a statute of limitations of only two years in California, sexual assault claims can be brought for up to ten years after the incident due to the number of victims who avoid reporting. If the assault occurred while you were a minor, you have your entire life to make a claim in California.
Will my rapist go to jail if I win my lawsuit?
Not automatically. Bringing a sexual assault claim against your assailant in civil court is not the same as a criminal proceeding. However, a successful case against your assailant can be used as evidence to convict them of assault in criminal court which may result in prison time. Unfortunately, victims do not get to decide when or how criminal charges are brought.
Can my workplace still take action if my colleague harasses me outside of work?
Yes! Even if your coworker, colleague, vendor, or boss harassed or assaulted you outside of work, you still have grounds to report the assault and harassment to HR and bring a sexual harassment lawsuit alongside an attorney. Employees are always beholden to the code of conduct of their workplaces, so even comments made or actions done during off-hours can and should be investigated thoroughly by HR.
How much are sexual assault settlements?
Sexual assault and harassment cases vary widely in severity, length, and circumstance. With harassment claims, settlement amounts may be lower as most victims have not been physically harmed. However, in sexual assault and rape claims, settlement amounts can increase exponentially. In California, typically victims can expect between $20,000 to $1 million, depending on the situation.
Holding Predators Accountable
For two decades, the sexual assault and harassment lawyers at BD&J have prioritized and defended the safety and well-being of our clients. As a team made of numerous women and femme-presenting attorneys and staff, our passion for bringing justice for those who have been so deeply violated drives us to work harder than ever to ensure your full recovery. We have successfully claimed more than $2 billion* for clients across California.
If you have been sexually assaulted or harassed, contact us as soon as possible for a free consultation.
