When someone is the victim of a heinous crime, they may feel as if the only justice they can seek is via our criminal justice system. However, in many circumstances, this is not the case. Victims of sexual assault, for example, may have a viable civil claim against the parties responsible for the crime.
If you or a loved one have been the victim of a sexual assault, then we invite you to contact us at Okabe & Haushalter today. Our firm is well-versed in the criminal defense arena, knows what criminal negligence looks like, and how to substantiate it both in and outside the courtroom. We have the experience, resources, and insight to ensure that the gravity of this matter is compellingly put forth before the law on your behalf.
Fight for the recognition and relief you deserve. Contact us today.
Following a crime, it’s easy to assume that the one responsible party is the perpetrator who physically committed the offense. While this is sometimes true, it is often the case that there was a larger failing from an institution that allowed the crime to occur. When this is the case, it is likely that these institutions can be held accountable for a civil lawsuit.
Defendants in these suits can include:
The attorneys at Okabe & Haushalter have extensive experience helping survivors of sexual assault throughout California. We understand the severity of these cases, and we also understand the sensitivity surrounding what happened. Our compassionate team helps those who have survived exploitation due to the following:
The sexual assault attorneys at Okabe & Haushalter are dedicated to helping survivors of rape. We firmly believe that every survivor deserves to be heard on their own terms and in their own time. We can turn to California Penal Code 261 PC to see that rape is defined as non-consensual intercourse accomplished through threats, force, or fraud or when a victim is unconscious or incapable of consenting to the sexual activity.
Any person found guilty of committing rape in California will face significant penalties. Rape is a felony offense in this state and is punishable by three, six, or eight years in prison. If the survivor of the rape is a minor, the minimum punishment for a guilty conviction is seven years minimum in prison with a maximum of 13 years in prison.
At Okabe & Haushalter, we want to help distinguish between the civil statute of limitations for a rape case and a criminal statute of limitations for rape. In this state, prosecutors can bring charges for rape regardless of how much time has passed from when the offense occurred. When California lifted the statute of limitations for criminal rape charges in 2016, this was widely seen as a victory for survivors of rape. However, the civil statute of limitations has not changed.
The civil statute of limitations refers to the amount of time that survivors of rape have to file a lawsuit against the person who allegedly committed the offense. Survivors still need to follow strict statutes of limitation when working to obtain closure and compensation for their case. Under California law, survivors of sexual abuse generally have two years from the date of the alleged incident to file a lawsuit against the perpetrator.
For minor victims of rape, this statute of limitation begins when they reach the age of majority (18) and allows for eight years from that day to file a lawsuit. In general, this means that a rape survivor has until they are 26 years old to file a civil claim against the alleged perpetrator.
There are some exceptions to this statute of limitations, particularly when a child survivor of rape does not discover that the incident occurred until after the statute of limitations has expired. In these cases, the state of California will allow three additional years from the date of discovery for the survivor to file a civil lawsuit against the alleged perpetrator.
If you believe that one of the above parties played a role in your sexual assault, then the time to start exploring your civil suit options is now. Our industry-recognized team of legal advocates is ready to bring aggressive, decisive action against these negligent parties and pursue every legal avenue towards securing you the compensation you deserve.
It is possible to have the final say in this matter. Fill out our online form to request a free case evaluation with us today.