Can I Sue for Sexual Assault in California if Criminal Charges Were Dropped?

Yes. In California, a civil sexual assault lawsuit is entirely separate from the criminal case. You can sue even if the charges were dropped, never filed, or ended in acquittal — because a civil claim uses a lower burden of proof (a preponderance of the evidence) and does not require a criminal conviction (Code of Civil Procedure § 340.16(b)(2)).

This page is legal information, not legal advice. Every case is confidential and evaluated individually.

Why can I still sue if the charges were dropped?

Prosecutors drop or decline sexual assault charges for many reasons that have nothing to do with whether the assault happened — limited resources, a witness who does not want to testify in a criminal trial, or the very high criminal standard of proof. None of those reasons bars your civil claim.

A civil lawsuit is something you control. It is filed by you, not the District Attorney, and its purpose is to compensate you — not to put anyone in jail. See our California sexual abuse lawyer overview for how these cases are built.

What burden of proof applies in a civil sexual assault case?

A criminal conviction requires proof beyond a reasonable doubt. A civil case only requires a preponderance of the evidence — meaning it is more likely than not that the assault occurred (Evidence Code § 115). That is a much lower bar, which is why a case that could not be prosecuted criminally can still succeed as a civil claim.

Who can I sue, and how long do I have?

You can sue the person who assaulted you and, in many cases, an institution whose negligence enabled it — § 340.16(b)(2) expressly preserves claims against parties other than the assailant. For adult survivors, the deadline is the later of 10 years from the assault or 3 years from discovering the injury (CCP § 340.16). For childhood abuse, there is no time limit. Sexual battery is also directly actionable under Civil Code § 1708.5.

Talk to a California Sexual Abuse Attorney

Compass Law Group represents survivors across California on a confidential, no-fee-unless-we-win basis. Learn more on our sexual abuse lawyer page.

Frequently Asked Questions

Can I sue if the DA dropped the charges?

Yes. A civil claim is independent of the criminal case and does not require charges, a prosecution, or a conviction (CCP § 340.16(b)(2)).

Do I need a police report to sue?

No. A police report can be useful evidence, but it is not required to file a civil sexual assault lawsuit.

What if there was ‘not enough evidence’ for criminal charges?

The criminal standard (beyond a reasonable doubt) is much higher than the civil standard (preponderance of the evidence), so a case that could not be charged can still win civilly.

How long do I have to file?

Adults: the later of 10 years from the assault or 3 years from discovery (§ 340.16). Childhood abuse: no time limit (§ 340.1).