Sexual Assault

What is Considered Sexual Assault?

Sexual assault is any unwanted sexual contact or behavior that happens without clear consent. In California, consent must be affirmative—meaning it must be a conscious, voluntary, and clear "yes."

It isn't just one thing. It includes:

• Physical Contact: Any non-consensual touching of a sexual nature.
• Coercion: Being pressured or threatened into an act you didn't want to do.
• Incapacitation: If a person is asleep, under the influence of alcohol, or otherwise unable to say "yes," any sexual act is considered assault.
• Abuse of Power: When someone uses their position to take advantage of you.

Assault vs. Harassment: The Key Difference

These terms are often easily confused. Sexual harassment usually involves words, lewd gestures, or a hostile environment (for example, when an individual makes inappropriate or offensive comments). Sexual Assault involves actual physical contact or the immediate threat of it. Both are illegal, but assault is a physical violation of your safety. Consent must always be clear, voluntary, and enthusiastic.

Immediate Steps: What to Do and What to Avoid

If you have been harmed, your immediate safety is the priority. Here is how to protect yourself and your future legal rights:

• Get to Safety: Move to a public place or a friend’s home.
• Medical Care is Vital: Go to a hospital. Even if you do not see injuries, doctors can document evidence and provide healthcare.
• Preserve Evidence: Try not to shower or wash the clothes you were wearing. Place items in a paper bag (not plastic) to preserve any potential DNA evidence.
• Do not Post on Social Media: It is tempting to speak out, but defense lawyers often use social media posts to twist a survivor's words later.
• Do not Sign Anything: If a company or school offers you a "settlement" or an NDA (a "hush" agreement) immediately, do not sign it without a lawyer.
• Contact a sexual assault attorney to feel protected and to discuss further steps.

How to Choose a Sexual Assault Attorney You Can Trust

A sexual assault attorney should be your advocate and your shield. Because these cases are so personal, you need more than just a "good" lawyer. You need someone who understands trauma.

4 Rules for Finding the Best Advocate:

1. Look for Trial Experience: You want the attorney who is known for actually going to court. When insurance companies know a sexual assault attorney will go to trial, they offer better settlements.
2. Check for Specialization: Choose a firm with experience handling sexual assault cases. 
3. Prioritize Your Comfort: Make sure you feel heard and not rushed during your first meeting. 
4. Privacy Protection: Ask how they protect your identity from the public record.

The "Golden Rules" of Your Case

• The Responsibility Lies with the Offender: In the eyes of the law, the person who committed the assault is the responsible party, regardless of the circumstances leading up to the event.
• Civil vs. Criminal Systems: The civil justice system is separate from the criminal court. It is possible to pursue a civil claim for damages, such as therapy costs and lost wages, even if a criminal arrest or conviction does not occur.
• Institutional Accountability: A civil lawsuit is a tool that can hold organizations (such as schools or workplaces) accountable, often resulting in policy changes that help protect others.
• Statutory Deadlines: While California has recently extended many time limits for filing sexual assault claims, these "statutes of limitations" still exist. A legal review can help determine the specific deadlines that apply to your situation.