California Sexual Assault Victim Attorney

What is the difference between sexual harassment, sexual assault, sexual abuse, and sexual violence

Sexual harassment includes behaviors such as unwelcome sexual comments, jokes, advances, requests for sexual favors, and other conduct that is sexual in nature. Conduct legally qualifies as sexual harassment under California civil law if is sufficiently severe or pervasive; causing the victim of the harassment legitimate offence, humiliation, or distress to the point that it impacts their personal sense of wellbeing, or their ability to perform. If the harassment occurs in the workplace, the harassment may be a violation of California and federal labor laws.

Sexual assault refers to non-consensual physical, sexual contact. There are many types of sexual assault, but sexual assault may include physical force, violence, and or ignoring the objections of the other person. Assault may also occur when a party is unable to give consent, either because of age, intoxication, pressure of intimidation or threat, or an unequal power dynamic. For example, engaging in sex with an employee or student may mean that consent cannot freely be given. The term sexual assault typically refers to an isolated incident.

Sexual abuse typically (but not always) refers to repetitive non-consensual sexual acts or incidents of harassment that continue to occur over a longer period of time. Sexual abuse also tends to describe an act of assault or harassment committed against a vulnerable person by somebody in a position of power and or perceived authority. Sexual abuse might occur for example between a child and an adult, or to a person with intellectual disabilities.

Sexual violence  is an umbrella term describing non-consensual, sex crimes, including sexual assault, domestic violence, dating violence, stalking, and more. Sexual violence can refer to physical violence, but can also refer to psychological harm.

What is Consent?

Consent is the active, affirmative agreement of one party to agree to engage in sexual activity. Consent must be given by each participant, and must be given freely, without coercion, force, threats, of intimidation of any kind. Consent cannot be given when one is intoxicated or unconscious.

Consent is also, importantly, revocable. Consent on one occasion does not imply consent on future occasion. Consent to one form of sexual activity does not transfer to other form of sexual activity. The practice of giving and receiving consent must be ongoing, even in long-term and committed relationships.

Sexual violence is Illegal.

Federal and State law prohibit sexual violence, including sexual assault, domestic violence, dating violence, and stalking. The law protects victims from all forms of sexual abuse, regardless of where the crime takes place. Survivors of sexual violence may be able to bring civil and criminal charges against their abuser.

If sexual violence occurs in the workplace, at school, or on a campus, it may be considered sexual harassment, and survivors of the harassment may be able to bring a civil lawsuit. Federal and State Law prohibit sexual harassment if the behavior is sufficiently severe or pervasive so as to cause the victim of the harassment legitimate offense, humiliation, or distress to the point that it impacts their personal sense of wellbeing, or their ability to perform their work.

The ability to bring legal claims will vary depending on the circumstances and nature of the violence. The statute of limitations on a claim is also dependent on the nature of the claims.

Federal Law, 10 U.S. Code 920 – Article 120 makes sexual assault of any kind illegal. The statute of limitations to bring a criminal case for sexual assault claims against a perpetrator depend on state law. In California, under Penal Code Section 799(b)(1), sexual assault has no statute of limitations for purposes of prosecuting the criminal offense, provided the assault occurred after January 1, 2017. By pursuing criminal prosecution, crime victims can achieve some form of justice through the criminal justice system.

The Federal Equal Employment Opportunities Commission (EEOC) prohibits sexual harassment in the workplace. Under Federal law, sexual harassment victims have 180 days from that last occurrence of the harassment to file a claim with the EEOC. Federal employees have 45 days to report an assault to the EEO. States have their own laws regarding sexual harassment. In California, under the California Civil Rights Department (CCRD), victims of sexual harassment in the workplace have up to three years to bring a civil case for sexual harassment. Survivors of childhood sex abuse in California likewise have until their 40th birthday to bring civil claims against their abuser. Crime victims may receive financial compensation, including emotional distress damages, and recoverable medical expenses, if they bring a civil lawsuit.

It is important to speak to an employment attorney in order to understand your rights, criminal claims, civil claims, legal options, and to determine any pending statutes of limitations.

What to do if you are a survivor of sexual violence, assault, or harassment?

Above all else, take care of your own well-being and safety. If you are in immediate danger or need medical attention, contact law enforcement or visit a medical center.

If you have experienced sexual violence, assault, or harassment, contact the police to make a report. If the behavior occurs at work, you may also make a report to somebody at the company that you trust; a supervisor, manager, human resources.