If you or someone you know has experienced sexual harassment or assault in San Jose, reach out to a San Jose sexual assault attorney. Whether or not you are confident about wanting to pursue legal claims, consulting with an attorney is always smart; discussing your situation with an expert will give you insight into your options and allow you to make an informed decision about how to pursue your legal matter. For a variety of reasons, including stigma, fear, and shame, sexual assault goes under-reported. It takes courage to speak up about sexual harassment and assault, and to reach out to an attorney.
At Avloni Law, we bring empathy to our attorney-client relationship. We understand that sexual harassment and assault can be incredibly traumatizing and can cause significant emotional distress, including post-traumatic stress disorder, for the survivor. As such, we work with our clients to provide confidential legal advice and support in a way that considers our clients’ emotional needs. We pledge to assist in every way that we can, and to provide our clients in San Jose with referrals to other support and advocacy resources beyond our legal capacity when needed.
Understanding the Role of a San Jose Sexual Assault Lawyer
Sexual assault is generally defined as sexual physical contact that occurs without consent. There may be a lack of consent because the survivor resisted the contact or because the survivor was unable to give consent during the sexual act. Anyone, regardless of sex or gender, can be the victim of sexual assault, and anyone, regardless of sex or gender, can be an assailant. Sexual assault lawyers help victims of assault seek justice by bringing legal claims against perpetrators in criminal and in civil court.
Criminal Lawyers
In cases of sexual assault, criminal charges may be brought by a criminal prosecutor against the perpetrator on behalf of the government. Criminal cases are typically intended to punish/rehabilitate the offender while also protecting the public from future assaults. Depending on the facts of the case, criminal charges may lead to imprisonment, restraining orders, fines, probation time, and more.
Civil Lawyers
In cases of sexual assault, a civil sexual assault lawyer may bring a civil lawsuit against the offender on behalf of the survivor and seek compensation for financial and non-financial damages. Civil sexual assault lawyers may also bring civil claims against other liable institutions and parties, such as employers. Depending on the facts of the case, civil sexual assault lawyers may win financial compensation for victims, in-state retraining orders, win policy changes, and more.
If you have survived a sexual assault in San Jose, consult with both criminal attorneys and civil attorneys when deciding what legal remedies to pursue.
Legal Options and Pathways to Justice for Survivors in Civil Court
There are numerous pathways to justice for survivors of sexual assault in civil court. Sexual assault attorneys can provide information about the legal options and can help survivors select the right legal path for each unique case.
In cases of sexual assault, survivors may bring a civil lawsuit against the perpetrator and against other liable institutions and parties. Under both federal law and California state law, institutions, including employers, schools, and religious organizations, may be held liable for negligence or complicity in cases of sexual assault if the assailant was in a position of power within the institution, or if the institution failed to provide a safe environment by failing to prevent sexual harassment from occurring. If an institution has policies that are clearly unsafe, or if an institution fails to respond in an effective and timely manner to reports of harassment or assault, they may be legally responsible.
Federal and California retaliation laws also protect employees who report sexual assault at work. If you report a sexual assault to your employer, resist sexual assault in the workplace, or participate as a witness in a sexual assault complaint, your employer may not take adverse action against you as a result. If your employer has treated you unfavorably because you reported or resisted any form of sexual assault, your employer may be liable for retaliation, in addition to failing to prevent sexual assault at work.
Victims of sexual assault can seek remedies for damages they incurred through civil court. In civil sexual assault lawsuits against perpetrators and liable institutions, victims can win monetary damages that cover medical treatment, medical expenses, emotional trauma, psychological trauma, lost wages, and other economic damages. Victims may also win putative damages. In addition to financial recovery, civil lawsuits may result in court-ordered actions that compel institutional change to prevent assault or sexual abuse in the future.
What to Expect When Reaching Out to a Law Firm and Filing a Legal Action
Each and every sexual assault and harassment case is different, and the path to resolution is dependent on the parties and the facts of the case, and the unique way that the situation unfolds. However, typically, the process of working with an attorney from consultation to case resolution follows a series of steps.
Assessing Your Potential Claims
Whether or not you have a legal claim, and the strength of that claim, is entirely case dependent and may depend on factors outside of your control. When determining whether or not you should file a lawsuit, it is important to consider not only what happened to you, but a multitude of other factors, including when it happened, what evidence you have to show that it happened, and what else was happening in your workplace at the time. A sexual assault attorney can help you make legal sense of what you are experiencing and help you decide what your options are based on the facts of your situation. Consult with an attorney to understand your options.
Gathering Evidence
It is advantageous to reach out to an attorney as soon as possible regarding sexual assault claims you may have so that they can provide advice on how to ensure your safety and bring a strong case. A sexual assault lawyer can help you compile the evidence that you will need to present a legally compelling case.
Meeting Essential Deadlines
Civil claims are subject to statutes of limitations. If you miss the deadline to bring a case, you risk losing your right to pursue that particular claim. Contact an attorney promptly so that they can advise you of any pending deadlines that might impact your ability to pursue justice.
Filing a Lawsuit
You and your attorney may decide that the best path forward is to file a lawsuit in state or federal court. If this is the path you chose, your attorney will file a complaint in court. The progress of any court case is situational and depends on the facts and interests of the parties. Your case may resolve quickly or may take years before going to trial. As the case unfolds, your attorney will advocate for you in front of a judge and, ultimately, the jury against your employer and their legal team.
Regardless of the situation, having an attorney who specializes in civil sexual assault litigation will help you navigate the legal process and increase your chances of winning a favorable outcome. Reach out to an attorney as soon as possible to begin the consultation process.
California’s Statute of Limitations for Sexual Assault Civil Cases
California’s statutes of limitations regarding sexual assault cases are complex and evolving. It is important to speak with an attorney as soon as possible to understand any pending deadlines that pertain to your claims. In California, the statute of limitations for sexual assault cases depends on several factors, including whether the case is brought in criminal or civil court and the age of the victim at the time of the assault. For felony-level sexual assault in California criminal court, prosecution may be permitted many years after the offense. In California civil court, survivors of sexual assault may have extended timeframes to file claims, particularly where delayed discovery applies. Victims who were under 18 years old at the time of the sexual assault may have additional protections that allow claims to be brought later in life, in both civil and criminal cases.
Because sexual assault statute of limitations laws in California are complex and contain important exceptions, survivors are strongly encouraged to speak with an experienced California sexual assault attorney who can evaluate which deadlines, if any, apply based on the specific facts of their case.
Emotional Recovery and Community Resources in San Jose
Experiencing sexual violence can be extremely traumatizing; sexual assault victims must seek professional help from somebody who can provide a safe space and help survivors process their trauma. A sexual assault attorney can point you towards organizations that support survivors, including local crisis centers and therapy programs in San Jose.
Taking the First Step: Confidential Consultation and Case Evaluation
Sexual abuse, and its aftermath, is overwhelming; you must have professional help from people you can trust. Contact a sexual assault lawyer, a sexual harassment attorney, or a personal injury attorney who can advise you on your rights, potential courses of action, and be an advocate for you as a move forward.
Consulting with an attorney does not mean that you need to take any legal action. Instead, it will empower you to decide what course of action is right for you. Reach out as early as possible to understand all of your options and set yourself up to be in a position of power.
When you reach out to a law firm for a consultation, you will most likely be scheduled to have an intake phone call appointment. This appointment may be with a legal assistant, a paralegal, or with an attorney. The aim of this call is typically to gather the basic facts and timeline of your claims, answer questions that you might have, and assess whether or not the firm may be a good fit for you. On this initial call it is important that you are ready with your facts; be prepared to talk in detail about what has been going on, when and where relevant events have transpired.
It is beneficial to you to communicate your situation efficiently and effectively; preparing a timeline of events and writing down notes of important dates, details, and witnesses may be helpful in allowing you to clearly present your case. The intake phone call is also a great opportunity for you to ask any questions that you may have. Note that even on an initial intake phone call, attorney-client privilege is active and everything you share is confidential.
Fact Gathering: Following the initial intake call, the attorneys may choose to take a closer look at your case. Be prepared to have multiple follow up conversations with attorneys to review the facts in detail. The lawyers will likely also request to see what documents you have, and may ask you to submit a timeline of events, in addition to copies of relevant emails, notes, and text messages. Attorneys need to understand the evidence associated with the facts in order to assess whether or not they can effectively represent you in your case.
Reach Out to a Law Firm Today for a Free Consultation with a San Jose Sexual Assault Lawyer
Navruz Avloni is an experienced employment attorney passionate about combatting sexual harassment and assault in San Jose. If you have experienced sexual harassment or assault in San Jose and are looking for legal expertise and legal representation, reach out to Navruz Avloni for a free consultation.