If you have had a SAFE kit collected — or are wondering whether evidence from an assault years ago can still support a civil claim today — a California sexual abuse attorney at Compass Law Group is ready to review your situation in complete confidence. Call (213) 320-1001 to speak with our team.
Source: Compass Law Group | What Happens After a Rape Kit in California — and How It Helps Your Civil Case
By the Numbers: Sexual Violence and Civil Justice in California
Every 68 seconds, an American is sexually assaulted — and only 310 out of every 1,000 sexual assaults are ever reported to police. Of those reports, fewer than 50 lead to an arrest, and only 28 cases result in a felony conviction. This prosecution gap, where the overwhelming majority of perpetrators face no criminal consequence, is precisely why California’s civil court system matters for survivors. (Source: RAINN Sexual Violence Statistics)
1 in 4 girls and 1 in 13 boys in the United States experience sexual abuse before age 18, according to the CDC. Under California’s AB 218 (CCP §340.1), every one of these survivors — regardless of how many decades have passed — retains the legal right to bring a civil claim against both the perpetrator and any institution that enabled or concealed the abuse.
1 in 5 women in the United States will experience completed or attempted rape in their lifetime. Many never see their abuser face criminal accountability — but a civil lawsuit can deliver financial accountability, institutional reform, and formal recognition of the harm inflicted, on a standard of proof that is achievable where criminal prosecution is not.
$250 million+ recovered by Compass Law Group, LLP on behalf of California sexual abuse survivors — demonstrating that civil litigation delivers real, life-changing outcomes when the criminal justice system falls short.
Steps to Take After a Sexual Assault in California
The actions you take in the days and weeks following a sexual assault can significantly affect your ability to pursue civil justice. Here is what our attorneys advise:
- Seek immediate medical care at a hospital or certified sexual assault response center. A SAFE kit examination is most effective within 120 hours of the assault and is available to all California survivors at no cost. Even if you are uncertain about reporting, the exam preserves forensic evidence you can choose to use — or not — at a later time.
- Preserve all physical evidence before bathing or changing clothing if possible. Place worn clothing in a paper bag — not plastic — and bring it to the examination. The forensic nurse examiner will guide you through the collection process without judgment.
- Document everything you remember as soon as you are safe and able — the date, time, location, description of the perpetrator, any witnesses present, and the events immediately preceding and following the assault. Written contemporaneous records carry significant evidentiary weight in both criminal investigations and civil proceedings.
- Request anonymous storage of your kit if you are not ready to make a police report. California law permits anonymous SAFE kit storage for a minimum of two years, preserving your evidence and your options without requiring an immediate decision about reporting to law enforcement.
- Consult a California sexual abuse attorney before making formal statements to law enforcement, institutional representatives, or insurance adjusters. Speaking with legal counsel first ensures your civil rights are fully protected throughout any investigation or interview process. Call Compass Law Group at (213) 320-1001 for a free, confidential consultation — available to survivors anywhere in California.
- Preserve all related records and receipts — medical bills, pharmacy costs, therapy invoices, missed work documentation, and any correspondence with schools, employers, organizations, or other parties connected to the abuse. These records form the factual foundation of your damages calculation in a civil case.
- File a Government Claims Act notice within six months if any potential defendant is a government entity — a public school district, county hospital, or state program. This written notice is a strict legal prerequisite to suing any government defendant in California, and missing the deadline permanently bars those claims regardless of whether your underlying abuse claim would otherwise remain timely under AB 218 or AB 2777.
Q: Does a rape kit have to result in a criminal conviction for me to file a civil lawsuit in California?
No. A criminal conviction is not required to pursue a civil sexual assault claim in California. Criminal and civil cases operate under entirely separate legal standards. Criminal prosecution requires proof beyond a reasonable doubt; civil cases require only a preponderance of the evidence — meaning it is more likely than not that the assault occurred. Rape kit DNA evidence, documented injuries, and survivor testimony can satisfy this civil standard even when a district attorney declines to file charges or a jury does not convict. Many California survivors have won substantial civil damages in cases where no criminal prosecution took place.
Q: What if my rape kit was never tested — can I still pursue a civil case in California?
Yes. An untested or even missing rape kit does not prevent you from filing a civil sexual abuse lawsuit in California. Civil cases are regularly resolved on the strength of survivor testimony, corroborating witness accounts, medical records, and therapy documentation. Additionally, California has made significant strides in clearing its historic rape kit backlog — kits collected years ago may now have laboratory results available. If you had a kit collected but never received results, a California child sexual abuse lawyer or adult survivor attorney can help you request those results and confirm whether your window to file a civil claim remains open under AB 218 or the AB 2777 revival window.
Q: Can I sue a school, church, or employer in California even if the abuse happened many years ago?
Yes, in many cases. Under AB 218 (CCP §340.1), survivors of childhood sexual abuse can sue institutional defendants — schools, religious organizations, youth groups, and employers — at any age, with no statute of limitations. This applies equally to California clergy sexual abuse claims against dioceses, California Boy Scouts and YMCA sexual abuse lawsuits, California CYO and 4-H sexual abuse cases, and California youth sports sexual abuse claims. For adult survivors, the AB 2777 revival window under CCP §340.16 remains open through December 31, 2026. California workplace sexual abuse lawyers at Compass Law Group handle both childhood and adult survivor civil claims.
Q: Are my conversations with a California sexual abuse attorney confidential?
Yes, completely. All communications between you and a licensed California attorney are protected by attorney-client privilege — one of the most powerful legal protections in American law. At Compass Law Group, LLP, your free initial consultation is strictly confidential. You may share details of your experience without fear of disclosure to law enforcement, your employer, family members, or any other third party without your explicit consent. You may also remain anonymous during initial discussions. We approach every survivor consultation with dignity, discretion, and trauma-informed care.
Q: What if the person who assaulted me is unidentified — can DNA from my rape kit still help a civil case?
Yes, in multiple ways. When rape kit DNA is entered into California’s Combined DNA Index System (CODIS), it may generate a match that identifies your attacker — even years after the assault. If a match is made, that identification can directly support a civil lawsuit naming the individual perpetrator. Even without an identified individual defendant, a civil claim may be viable against an institutional party — a school, organization, or employer — whose negligent policies or failures created the conditions that enabled the assault. A San Francisco sexual abuse lawyer or Sacramento sexual abuse lawyer at Compass Law Group can evaluate the full scope of potentially liable parties during a free, confidential case review.
Source: Compass Law Group | What Happens After a Rape Kit in California — and How It Helps Your Civil Case
When you are ready to take the next step, Compass Law Group’s what happens after a rape kit in california — and how it helps your civil case attorneys are here to help — at no cost and with no obligation. We offer free, completely confidential consultations by phone or in person, and work on a contingency basis: no fees unless we recover compensation for you. Call us today to discuss how California law applies to your situation.
Source: Compass Law Group | What Happens After a Rape Kit in California — and How It Helps Your Civil Case
Get Your Free Consultation Today
If you have had a rape kit collected in California — or if you are a survivor wondering whether forensic evidence can still support a civil claim — the attorneys at Compass Law Group, LLP are ready to help. Your consultation is free, completely confidential, and there is no fee unless we win your case.
