California Workplace Sexual Assault Attorneys
Navruz Avloni is a compassionate advocate, and experienced trial lawyer, dedicated to providing legal support to folks who have been impacted by sexual assault. If you, a family member, or a loved one have experienced sexual violence and are looking for an attorney who will be on your side, reach out to Avloni Law.
For a variety of reasons, including stigma, fear, and shame, sexual violence is notoriously under-reported. Despite this fact, statistics show that sexual violence occurs at a high rate. According to a California focused study, over 86% of women and 53% of men in California report having experienced some form of sexual harassment or sexual assault in their lifetime. Nationally reported statistics are similar. Members of marginalized groups, women, members of the LGBTQIA community, immigrants, and people of color, experience sexual violence at elevated rates.
However, sexual violence is ubiquitous and impacts individuals of all backgrounds and identities. Many survivors of sexual assault and sexual harassment blame themselves for their own assault or mistreatment. If you have experienced sexual harassment or assault, and feel this way, you are not alone. If you are a victim of sexual assault or sexual harassment, we know that you are not the cause; the fault lies with the perpetrator.
At Avloni Law, we bring empathy to our attorney-client relationship. We understand that sexual assault and or harassment 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 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 with referrals to other support and advocacy resources beyond our legal capacity when needed.
What is Sexual Assault under California Law?
Under California law, sexual assault refers to any non-consensual sexual contact or behavior. This includes a wide range of acts, from unwanted touching to forced sexual acts, and applies regardless of the relationship between the individuals involved.
At the core of any sexual assault claim is the issue of consent. Consent must be freely given, informed, and ongoing. It cannot be obtained through force, threats, intimidation, manipulation, or when a person is unable to give consent due to intoxication, unconsciousness, or mental incapacity. A lack of resistance does not equal consent.
California law recognizes multiple forms of sexual assault, including but not limited to:
- Unwanted sexual touching or groping
- Forced sexual acts, including rape
- Sexual conduct involving coercion or threats
- Sexual acts involving individuals who cannot legally or mentally consent
Sexual assault can occur in many settings, including the workplace, schools, medical environments, or private relationships. In employment contexts, it may overlap with sexual harassment, particularly when there is a power imbalance between the individuals involved.
In addition to criminal consequences, survivors of sexual assault may have the right to pursue a civil claim against the perpetrator or other responsible parties, such as an employer or institution that failed to prevent or address the misconduct.
If you have experienced sexual assault, understanding how the law defines and treats these acts is the first step toward protecting your rights and pursuing accountability.
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.
Examples of Sexual Assault in the workplace
Sexual assault can take many forms, and it is not limited to extreme or obvious situations. Under California law, any non-consensual sexual contact or conduct may qualify—especially where there is pressure, manipulation, or a power imbalance.
Common examples of sexual assault include:
- Unwanted touching of intimate body parts, such as groping or fondling
- Forced sexual acts, including rape or attempted rape
- Being coerced or pressured into sexual activity through threats, intimidation, or abuse of authority
- Sexual contact with someone who is intoxicated, unconscious, or otherwise unable to give consent
- Repeated sexual advances that escalate into physical contact after refusal
Workplace Sexual Assault
Sexual assault in the workplace often involves a misuse of power or authority. It can occur between supervisors and employees, coworkers, or even clients and staff.
Examples include:
- A supervisor pressuring an employee for sexual favors in exchange for job security, promotions, or benefits
- Unwanted physical contact during work hours, such as touching, cornering, or blocking movement
- Being forced into sexual situations during work-related travel, meetings, or events
- Retaliation or threats after rejecting sexual advances, followed by physical escalation
- Assault occurring in isolated workplace areas, such as offices, storage rooms, or company housing
In many cases, workplace sexual assault is accompanied by sexual harassment and retaliation, creating a hostile or unsafe work environment.
Even if the conduct occurred once, or outside of the main workplace setting, it may still give rise to a legal claim—particularly if the employer knew or should have known about the behavior and failed to take appropriate action.
Recognizing these examples can help victims understand that what they experienced may not only be wrong, but also legally actionable.
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.
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 have Been sexually Assaulted?
If you have experienced sexual assault at work, you may be entitled to compensation, including emotional distress and punitive damages under federal and state laws. Take the following steps to support your case:
1. Get to a Safe Location
If you are in immediate danger, move to a safe place as soon as possible. This could be a trusted friend or family member’s home, a public place, or anywhere you feel secure.
2. Seek Medical Attention
Even if you are unsure about reporting the incident, it is important to get medical care. A medical professional can:
- Treat any physical injuries
- Address concerns such as pregnancy or sexually transmitted infections
- Preserve forensic evidence if you choose to report later
3. Preserve Evidence (If Possible)
If you think you may pursue legal action, try not to wash, change clothes, or clean the area where the assault occurred before seeking medical help. Evidence can be important in both criminal and civil cases, even if you are not ready to act immediately.
4. Document What You Remember
Write down everything you can recall about the incident as soon as possible, including:
- Time and location
- What was said or done
- Any witnesses or nearby individuals
- Any messages, emails, or communications connected to the incident
Even small details can become important later.
5. Consider Reporting the Incident
If or when you can, reach out to the police if you feel unsafe or if you have been assaulted. If you are comfortable, you may report the sexual assault to your employer. In order to bring a civil lawsuit for damages, you may file a complaint with the Federal Equal Employment Opportunity Commission (EEOC) and/or with the California Department of Fair Employment and Housing (DFEH) within three years of the assault. After you file an administrative complaint, you may receive a right to sue, at which point you will have 90 days to file a complaint in state court.
6. Speak With a Sexual Assault Attorney
Reach out to a sexual assault victim attorney. At any point in this process, whether you are currently experiencing harassment, have reported harassment to your employer, filed a charge of harassment with the EEOC or CCRD, an attorney will be able to help you navigate this process and advocate for you. A sexual assault attorney can explain your legal rights and options, including the possibility of a civil claim for compensation. This can apply whether or not criminal charges are filed.
Legal action can sometimes help cover:
- Medical expenses
- Emotional distress
- Lost income
- Other damages related to the assault
7. Seek Support
Survivors often benefit from emotional and psychological support. This may include trusted friends, counselors, or support organizations that specialize in trauma recovery.
Your Legal Rights as A Sexual Assault Victim
If you have experienced sexual assault in California, you are protected by both criminal laws and civil laws designed to hold wrongdoers accountable and support your recovery. These rights apply regardless of your gender, immigration status, or relationship to the person involved.
The Right to Be Free from Sexual Violence
You have the fundamental right to bodily autonomy and safety. Any non-consensual sexual conduct is unlawful, and the person responsible can face both criminal penalties and civil liability.
The Right to Pursue a Civil Claim
You may file a civil lawsuit to seek compensation for the harm you suffered. This is separate from any criminal case and allows you to hold not only the perpetrator accountable, but also third parties—such as employers or institutions—that failed to protect you.
The Right to Compensation
As a victim, you may be entitled to recover damages for:
- Medical and psychological treatment
- Emotional distress and trauma
- Lost income or reduced earning capacity
- Pain and suffering
- Other financial losses related to the assault
The Right to Protection from Retaliation
If the assault occurred in a workplace or institutional setting, it is illegal for an employer or organization to punish you for reporting the incident or asserting your rights. Retaliation—such as termination, demotion, or harassment—can give rise to additional legal claims.
The Right to Confidentiality and Privacy
California law provides protections to help keep your identity and personal information private during legal proceedings. In many cases, victims may proceed anonymously in civil court.
The Right to Take Legal Action on Your Timeline
California has extended statutes of limitations for sexual assault claims, recognizing that many survivors need time before coming forward. While deadlines still apply, you may have more time than you expect to pursue a case.
Understanding your rights is a key step in deciding what to do next. Whether you choose to take legal action now or later, you have options—and those options are protected under the law.
Can You Sue for sexual Assault and what compensation is available?
Yes. In California, survivors of sexual assault may file a civil lawsuit against the person who committed the assault and, in some cases, against other parties who allowed it to happen.
A civil case is separate from any criminal prosecution. Even if the person is not charged or convicted in criminal court, you may still have the right to pursue a lawsuit and seek financial compensation.
Who Can Be Held Liable?
Depending on the circumstances, a claim may be brought against:
- The individual who committed the assault
- An employer that failed to prevent or respond to misconduct
- A business or property owner that failed to provide adequate security
- Institutions such as schools, hospitals, or organizations that enabled or ignored the behavior
Liability often depends on whether these parties knew—or should have known—about the risk and failed to take reasonable steps to protect you.
What Do You Need to Prove?
In a civil sexual assault case, you generally must show that:
- Non-consensual sexual conduct occurred
- The defendant’s actions caused harm
- You suffered damages as a result
Unlike criminal cases, civil claims are decided based on a preponderance of the evidence (meaning it is more likely than not that the misconduct occurred), which is a lower standard than “beyond a reasonable doubt.”
What Compensation Is Available?
A successful claim may allow you to recover compensation for:
- Medical and therapy expenses
- Emotional distress and trauma
- Lost income or reduced earning capacity
- Pain and suffering
- In some cases, punitive damages meant to hold the wrongdoer accountable
Filing a lawsuit is not just about compensation—it can also be a way to hold the responsible parties accountable and prevent similar harm to others. Speaking with an attorney can help you understand your options and decide what steps to take next.
What Is the Statute of Limitations on a Sexual Assault Case in California?
California law provides extended time limits for filing sexual assault claims, recognizing that many survivors do not come forward immediately. In general, adult survivors may have several years to file a civil lawsuit, and in some cases, the deadline may be extended depending on when the harm was discovered or the specific circumstances of the case. For incidents involving minors, the law allows significantly more time to take legal action, often extending well into adulthood.
There are also exceptions that may pause or extend the deadline, particularly where there was delayed discovery of the harm or where an institution may have played a role. Because these timelines can vary based on the facts of each case, it is important to speak with an attorney as soon as possible to understand how the law applies to your situation.
How to Prove a Sexual Assault Lawsuit in California
In a California civil case, you don’t have to meet the criminal standard of “beyond a reasonable doubt.” Instead, your claim must show that it is more likely than not that the assault occurred and caused you harm.
Key Elements to Establish
A successful claim generally requires showing:
- Non-consensual conduct: The sexual act or contact occurred without your consent
- Lack of consent: Consent was not given, or could not be given due to coercion, intoxication, unconsciousness, or incapacity
- Causation: The defendant’s actions directly caused harm
- Damages: You suffered physical, emotional, or financial harm as a result
Types of Evidence That Can Support Your Claim
Evidence can take many forms, and cases are often built from a combination of sources:
- Medical records documenting injuries, examinations, or treatment
- Photographs or physical evidence from the incident
- Text messages, emails, or social media communications
- Witness statements, including anyone you spoke to shortly after the incident
- Workplace reports or complaints, if the incident occurred at work
- Personal notes or journals describing what happened and when
Credibility and Consistency Matter
In many cases, there may be no direct witnesses. Your account, supported by consistent details and corroborating evidence, can be powerful. Prompt documentation and reporting—while not required—can strengthen a claim.
Employer or Third-Party Responsibility
If the assault occurred in a workplace or institutional setting, you may also need to show that:
- The employer or organization knew or should have known about the risk
- They failed to take reasonable steps to prevent or address the misconduct
Proving a sexual assault claim is not about having perfect evidence—it’s about building a clear, credible case that demonstrates what happened and how it affected you. An attorney can help gather evidence, identify responsible parties, and present your claim effectively.
How a sexual assault lawyer can help
Pursuing a sexual assault claim can be legally and emotionally complex. A sexual assault attorney’s role is to handle the legal burden, protect your rights, and move your case forward in a way that is both strategic and respectful of your situation.
Case Evaluation and Legal Guidance
A lawyer will review the facts of your case, explain your legal options, and help you understand whether you have a viable claim. This includes identifying all potentially responsible parties—not just the individual, but also employers or institutions that may be liable.
Gathering Evidence
Building a strong case requires careful documentation. A sexual assault lawyer can help collect and preserve key evidence, such as:
- Medical and therapy records
- Witness statements
- Communications (texts, emails, reports)
- Workplace complaints or prior incidents
They also ensure that evidence is handled properly and presented effectively.
Filing and Managing Your Claim
Your attorney will handle all legal filings, deadlines, and procedures. This includes:
- Preparing and filing the lawsuit
- Communicating with opposing parties
- Managing court requirements and documentation
This allows you to focus on your recovery rather than the legal process.
Negotiating a Settlement
Many cases are resolved through settlement. A lawyer will negotiate on your behalf to pursue fair compensation, ensuring that any offer reflects the full impact of the harm you’ve experienced.
Representation in Court
If a fair settlement cannot be reached, your attorney can represent you in court—presenting evidence, questioning witnesses, and advocating for your interests throughout the trial.
Protecting Your Privacy and Rights
Sexual assault cases often involve sensitive personal details. A lawyer can take steps to protect your privacy, including limiting unnecessary disclosure and, in some cases, allowing you to proceed anonymously.
Having legal representation is not just about filing a claim—it’s about having someone who can navigate the process, protect your interests, and help you pursue accountability with clarity and confidence.
Why choose our firm
Choosing the right attorney in a sexual assault case is not just about legal knowledge—it’s about working with a team that can take control of the process, build a strong case, and push for meaningful results.
Proven Results in High-Stakes Cases
Our firm has recovered millions of dollars on behalf of clients in employment and civil rights matters. We pursue cases with a clear objective: holding the responsible parties accountable and securing outcomes that reflect the seriousness of the harm.
Focused Experience in Employment and Civil Rights Law
Sexual assault cases—especially those involving workplaces or institutions—often overlap with harassment, retaliation, and employer liability. Our practice is built around these areas, allowing us to approach cases with both legal precision and strategic depth.
Prepared to Litigate, Not Just Settle
We prepare every case as if it will go to trial. This approach strengthens negotiations and positions your case for a stronger outcome. If a fair resolution is not offered, we are ready to take the case to court and advocate aggressively on your behalf.
Strategic Case Building
We don’t rely on surface-level claims. We investigate thoroughly, identify all liable parties, and build cases that reflect the full scope of what happened—whether that involves an individual, an employer, or a larger institution.
Clear, Direct Communication
You’ll always understand where your case stands and what the next steps are. We keep communication straightforward so you can make informed decisions without confusion or unnecessary delays.
Discreet and Professional Handling
We understand how sensitive these cases are. Your matter is handled with care, and we take steps to protect your privacy throughout the legal process.
Working with the right firm can shape both the experience and the outcome of your case. We focus on delivering results while handling your case with the seriousness it deserves.
Contact A Sexual assault attorney today
If you’ve experienced sexual assault, you don’t have to navigate what comes next on your own. Speaking with an attorney can help you understand your options and decide how you want to move forward.
We offer confidential case evaluations, where you can discuss your situation, ask questions, and get a clear sense of whether you have a claim—without pressure or obligation.
What to Expect
- A private, respectful conversation about your situation
- Clear explanation of your legal options
- Guidance on possible next steps
- Answers to your questions in plain terms
Take the First Step
Reaching out does not mean you have to take legal action—it simply gives you information and control over your next move. Navruz Avloni is an employment attorney dedicated to fighting for your right to a workplace free of unlawful sexual harassment. Contact us now to schedule a free consultation with Navruz Avloni.
Frequently Asked Questions
Can I sue for sexual assault if there is no physical evidence?
Yes. Many cases rely on a combination of testimony, communications, and surrounding circumstances. A lack of physical evidence does not prevent you from bringing a civil claim.
Do I need to file a police report before filing a lawsuit?
No. A civil lawsuit is separate from a criminal case, and you can pursue legal action even if you choose not to report the incident to law enforcement.
Can I remain anonymous when filing a sexual assault lawsuit?
In some cases, yes. Courts may allow victims to proceed under a pseudonym to protect their privacy, depending on the circumstances.
What if the sexual assault happened years ago?
You may still have time to file a claim. California law provides extended deadlines in many sexual assault cases, especially where there was delayed reporting or discovery.
Can I sue my employer for sexual assault at work?
Yes, if the employer failed to prevent the misconduct or did not take appropriate action after becoming aware of it. Liability may extend beyond the individual who committed the act.
How long does a sexual assault lawsuit take?
The timeline varies depending on the complexity of the case. Some claims resolve through settlement, while others may take longer if they proceed to court.
Will I have to go to court?
Not always. Many cases are resolved through negotiation, but your attorney should be prepared to take the case to court if necessary.
What does it cost to hire a sexual assault lawyer?
Many firms handle these cases on a contingency basis, meaning legal fees are only paid if compensation is recovered.
