Sexual abuse leaves a significant lifelong impact on self-esteem and emotional development. It also harms their sexual and psychological growth. The experience of a lawyer you hire is crucially vital for your lawsuit against a molester or an organization, which allowed the environment for the abuse to happen.
At Nakase Law Firm, attorney Brad Nakase and his team of lawyers have decades of collective experience in pursuing cases of molestation, sexual abuse, rape, and sexual assault. We serve the victims in San Diego and Orange County.
Our lawyers realize the sensitive nature of such cases. They compassionately help the clients and passionately pursue cases involving:
- Sexual Abuse by a priest or pastor
- Sexual Abuse by a teacher, coach, instructor
- Sexual Abuse at school or daycare facility
- Sexual Abuse by a camp leader or scout
Nakase Law Firm is experienced at filing cases and contesting against individual abusers, schools, religious groups, athletic and scout organizations, government departments, health professionals and healthcare institutions. Our attorneys have a deep understanding of the enduring effects of molestation on a victim child and they help clients make a civil claim in the most suitable way.
We advocate for all victims on a contingency-fee basis. Give us a call at 619-550-1321 for a free consultation.
Who Can Sue For Molestation/Sexual Abuse?
It is important to keep in mind that most civil suits in California will require to follow a statute of limitations (which sets time limits for different offenses) for filing a legal suit against a person or party. Certain circumstances can lengthen or cut down this time limit. For example, a two years statute of limitations is applicable in most personal injury claims, but a notice is required to be issued within 3 months for filing a case against a public entity or government agency. Cases involving child sexual abuse usually have a longer time limit. In cases of molestation, California law wants to make it sure parents have sufficient time for seeking justice to their children.
Whether an act would be considered sexual abuse or molestation under California State law depends on the participants’ age as well as the circumstances. Even consensual touching might qualify as sexual abuse in some situations, like sexual contact with a young child, mentally challenged person, therapist, or healthcare patient. But in many cases, the accuser will need to prove that the sexual contact was nonconsensual.
If you were ever sexually assaulted or touched by someone in an intimate place against your will, you should contact us immediately at 619-550-1321 to know about your rights and for a free consultation.
Statute for Child Sexual Abuse Cases
According to California law, a person who faced childhood molestation can seek damages upon reaching the age of 26. The accused, in most cases, will face criminal charges. A victim may file a damages suit against any authority which could have prevented the sexual abuse but remained negligent. Implemented in 2003, this law allowed all victims in California, irrespective of their age, to file claims within one year (From January 1 to December 31, 2003).
California State allows child sexual abuse victims to file claims within 8 years after they reach the age of maturity (18). Under State’s law, the statute of limitations can be extended for unearthing child molestation and its impact on the victims. Many victims succeed in suppressing the memories of childhood molestation but they resurface at some later stage in life. The trauma of sexual abuse affects each person differently. The California law therefore aims at providing flexibility for the victims to seek damages. The existing law provides for an initial 10 years statute of limitations. However, the law permits prosecutors to initiate action within one year of police receiving a report by a victim, even if the 10-year period has elapsed.
Damages in Molestation Lawsuits
When a childhood molestation victim sues an offender, the state will also prosecute the accused under criminal charges. The purpose of the civil claim by the victim is to compensate them for their losses, while the state’s action aims at ensuring the offender meets justice.
In most personal injury cases, a plaintiff can seek compensation for the medical expenses, property damage, lost income, and suffering endured by them. In sexual abuse cases, the victims often undergo intense emotional pain, trauma and an enduring psychological impact. Victims in such cases may claim damages for any physical injury they suffered, however, the biggest portion of their compensation often comes from the emotional pain and suffering they endured. For a severe injury, for example, the victim might have only sustained $5,000 medical expense, but they may seek as much as $20,000 in damages for the emotional suffering caused to them.
An adult filing a claim for childhood molestation may seek the costs of counseling, therapy, and prescription medication used over the years. They can also seek damages for the emotional torment and distress suffered by them. But, time is a crucial factor in cases like these. So, any person considering legal action against a sexual abuser should contact a qualified attorney at the earliest to begin building their case.
Proving Molestation And Resultant Damages
In proving the claims of sexual abuse, factors such as demonstrating that the act was non-consensual and establishing victim’s credibility and their relationship with the perpetrator are critical. Witness testimonies and physical proof of molestation or resistance have vital importance in proving the gravity of the crime and establishing the damages.
Nakase Law Firm works with expert witnesses –including psychologists, psychiatrists, doctors and paramedics who are skilled at the examination of victims and evaluation of damages and future costs of treatment.
We Keep All Discussions Confidential
Our San Diego personal injury lawyer, Brad Nakase will prudently analyze your case and team up with other relevant experts if needed. Even in case of an absence of any witnesses to the crime, there could be several ways for proving liability. If we accept your molestation case, our team will pursue the following damages:
- Medical treatment (both past and future);
- Lost wages (past and future);
- Pain and emotional anguish;
- Punitive damages (for punishing the offender).