California Sexual Abuse by the Numbers
National and California-specific research reveals both the scale of sexual violence and the gap between its occurrence and legal accountability — underscoring why strong civil remedies are essential tools for survivors who cannot rely on the criminal justice system alone.
- 1 in 6 American women will experience an attempted or completed rape during her lifetime, according to RAINN’s analysis of U.S. Department of Justice data — a figure that does not account for the vast underreporting of sexual violence.
- Every 68 seconds, another American is sexually assaulted, based on RAINN’s analysis of the most recent National Crime Victimization Survey data — making sexual violence one of the most prevalent violent crimes in the country.
- Nearly 1 in 5 women and approximately 1 in 71 men in the United States have experienced rape at some point in their lives, according to the CDC’s National Intimate Partner and Sexual Violence Survey (NISVS) — with young women and people in institutional settings facing disproportionate risk.
- Only 25 out of every 1,000 sexual assault perpetrators will face incarceration, according to RAINN data — which is precisely why California’s civil remedies under Civil Code §1708.5 and §52.4 are so critical for survivors seeking accountability outside the criminal system.
These figures reflect reported assaults — national surveys consistently indicate that the majority of sexual violence goes unreported due to shame, fear of retaliation, distrust of institutions, and the trauma of reliving the experience. California’s legislature has responded to this reality by repeatedly expanding civil remedies and eliminating filing deadlines through AB 218 and AB 2777, giving survivors the time and legal tools they need to come forward on their own terms.
Source: Compass Law Group | Sexual Assault vs. Sexual Battery in California: What’s the Legal Difference?
What Are the Deadlines for Filing a California Sexual Assault or Battery Lawsuit?
California has enacted some of the most survivor-protective statute of limitations laws in the nation, driven by a recognition that trauma, shame, and the power dynamics surrounding abuse frequently prevent survivors from coming forward for years — or even decades — after the abuse occurred. Understanding which deadline applies to your situation is critical, and a missed deadline can permanently bar an otherwise valid claim.
For survivors of childhood sexual abuse — abuse that occurred when the victim was under 18 years old — AB 218, codified as CCP §340.1, has permanently eliminated the statute of limitations. There is no deadline. A survivor of childhood sexual abuse in California may file a civil lawsuit at any age, regardless of how many years or decades have passed since the abuse occurred. This protection applies to claims against both individual perpetrators and the institutions — schools, churches, youth organizations, and employers — that enabled them. Our Beverly Hills sexual abuse attorneys can review a childhood abuse claim at no charge, no matter when the abuse occurred.
For adult survivors — those who were 18 or older when the abuse took place — AB 2777, codified as CCP §340.16, opened a temporary revival window that allows previously time-barred civil claims to be filed anew. This window closes permanently on December 31, 2026. If you were abused as an adult and have not yet filed a civil claim, time is critically short. Our San Francisco sexual abuse lawyers and Sacramento sexual abuse lawyers are actively representing adult survivors statewide and can assess whether the AB 2777 window applies to your specific situation at no cost to you.
Special rules apply when a government entity is the defendant. Even under AB 218’s expanded protections for childhood survivors, the California Government Claims Act requires that a written notice of claim be filed within six months of discovering the abuse — or the connection between the abuse and the government entity’s liability. Missing this administrative deadline can bar a claim against public school districts, law enforcement agencies, state-run facilities, or other government defendants entirely. If any government entity may be involved in your case, contact Compass Law Group immediately.
How Compass Law Group Helps Survivors of Sexual Assault and Battery in California
Compass Law Group, LLP is a California sexual abuse and serious personal injury law firm founded on an unwavering commitment to survivor dignity and maximum accountability — for perpetrators and the institutions that shield them. Attorneys Joseph Shirazi (Bar #265403) and Simon Esfandi (Bar #275307) have collectively recovered more than $250 million for clients, including landmark sexual abuse verdicts and settlements against individual abusers, corporations, religious institutions, school districts, and youth-serving organizations throughout California.
Every consultation at Compass Law Group is free, fully confidential, and carries absolutely no upfront cost — you will never pay a fee unless we win your case. Survivors may choose to remain anonymous throughout the legal process where California law permits. Our firm serves clients statewide from offices in Beverly Hills, Los Angeles, Long Beach, San Francisco, Sacramento, Oakland, and Bell Gardens — ensuring that no survivor in California has to face this process alone or without experienced legal counsel.
In addition to our sexual abuse practice, Compass Law Group handles a broad range of serious personal injury matters throughout California, including complex cases governed by California’s Proposition 213 car accident claim rules that affect uninsured and underinsured motorists. Whatever your legal situation, our attorneys bring the same dedication, resources, and track record to every case. Call (213) 320-1001 today for a free, confidential case review — there is no obligation, and no fee unless we recover for you.
Q: What is the legal difference between sexual assault and sexual battery in California?
“Sexual assault” is a broad umbrella term in California describing any non-consensual sexual act, including rape (Penal Code §261), forced penetration (PC §289), and oral copulation by force (PC §287). “Sexual battery” under Penal Code §243.4 specifically refers to the intentional, unlawful touching of an intimate part of another person against their will for the purpose of sexual arousal, gratification, or abuse. For civil purposes, California Civil Code §1708.5 creates a separate cause of action for sexual battery — no criminal conviction is required, and the civil burden of proof (preponderance of evidence) is significantly lower than the criminal standard.
Q: Can I file a civil lawsuit for sexual battery in California if no criminal charges were ever filed?
Yes. A civil sexual battery claim under California Civil Code §1708.5 is completely independent of the criminal justice system. You do not need a police report, a criminal investigation, or a criminal conviction to sue. The civil standard of proof — preponderance of the evidence (just over 50%) — is far lower than the criminal “beyond a reasonable doubt” standard. Many survivors who did not report to police, or whose criminal cases were not pursued, have successfully recovered substantial civil damages in California courts against both individual abusers and the institutions that enabled them.
Q: What is the statute of limitations for sexual assault and battery civil claims in California?
For survivors of childhood sexual abuse (under 18 at the time), AB 218 (CCP §340.1) permanently eliminated the statute of limitations — there is no filing deadline, and survivors may sue at any age. For adult survivors (18 or older at time of abuse), the AB 2777 revival window (CCP §340.16) allows previously time-barred claims to be filed through December 31, 2026, after which the window closes permanently. When a government entity is involved, the Government Claims Act imposes a six-month notice deadline from the date of discovery. Contact Compass Law Group at (213) 320-1001 to confirm the specific deadline that applies to your case.
Q: Can a school, church, employer, or youth organization be sued for sexual assault committed by its employees or volunteers?
Yes. California law allows survivors to hold institutions liable under theories of respondeat superior, negligent hiring, negligent retention, and negligent supervision. A school that ignored prior complaints about an abusive teacher, a diocese that transferred a predatory priest without reporting his conduct, or a company that buried documented harassment complaints can all be named as defendants alongside the individual abuser. These institutional claims are often essential to achieving meaningful financial recovery, as institutional defendants typically carry far greater insurance coverage than individual perpetrators.
Q: What damages are available in a California sexual assault or battery civil lawsuit?
California survivors may recover economic damages — including medical expenses, therapy and psychiatric treatment costs, lost wages, and diminished earning capacity — as well as non-economic damages for pain and suffering, emotional distress, PTSD, and loss of enjoyment of life. In cases involving malicious institutional cover-ups, courts may award punitive damages. California Civil Code §52.4 further authorizes treble actual damages, attorney’s fees, and punitive damages for gender violence claims. The combination of these remedies means that well-documented sexual abuse cases can result in substantial financial recoveries for survivors.
Source: Compass Law Group | Sexual Assault vs. Sexual Battery in California: What’s the Legal Difference?
Steps to Take After Sexual Assault or Battery in California
The actions you take in the aftermath of sexual assault or battery — and the legal steps you take in the months or years that follow — can significantly affect both the strength of your civil claim and the range of defendants who can be held liable. Here is what our California sexual abuse attorneys recommend:
- Seek medical attention as soon as possible, even if you are unsure whether you want to pursue legal action. A medical examination creates a contemporaneous record of injuries, preserves forensic evidence, and ensures you receive appropriate care for physical and psychological trauma — request that a SANE (Sexual Assault Nurse Examiner) exam be performed and that all records be preserved in full.
- Preserve all physical and digital evidence immediately. Do not wash clothing, bedding, or your body before a medical examination if it can be avoided. Save all text messages, emails, social media communications, and photographs connected to the abuser or the institution involved, and back up digital records to a secure, private account that only you can access.
- Document your account in a private journal as soon as you are able. Record dates, times, locations, what was said or done, names of any witnesses present, and how the experience has affected your daily life, work, sleep, and relationships. This contemporaneous written record can be powerful corroborating evidence months or years later in civil proceedings.
- Report the assault to law enforcement if you choose to do so. A police report is not required to file a civil lawsuit, but an official report creates a contemporaneous record that can strengthen your civil claim and may trigger mandatory institutional investigations — the decision to report, however, is entirely and solely yours to make.
- Contact a California sexual abuse attorney promptly to preserve your legal rights and meet applicable deadlines. California’s AB 2777 revival window closes December 31, 2026 for adult survivors, and the Government Claims Act imposes a six-month notice deadline when a public entity is involved — an attorney can evaluate your case before evidence disappears or witnesses become unavailable.
- Identify all potential defendants beyond the individual abuser. Your attorney will investigate whether any employer, institution, school, religious organization, or youth-serving entity bears liability through negligent hiring, negligent supervision, or respondeat superior — institutional defendants often carry significant insurance coverage that funds meaningful financial recovery for survivors.
Source: Compass Law Group | Sexual Assault vs. Sexual Battery in California: What’s the Legal Difference?
Get Your Free Consultation Today
Whether you are trying to understand the difference between sexual assault and sexual battery in California or are ready to pursue civil justice against an individual abuser or the institution that enabled them, Compass Law Group’s attorneys are here to help — with complete confidentiality, no upfront cost, and no fee unless we win.
