A San Francisco Sexual Assault Attorney at Ribera Law Firm Will Help Seek Justice and Healing After Sexual Abuse
Sexual abuse survivors often face lasting emotional, physical, and psychological scars. For many, the opportunity to pursue legal action against the abuser, the entity that enabled the abuser, or the corporation that covered up the abuser’s conduct is about more than just holding those parties accountable. It can also be an important step in reclaiming your voice after suffering trauma.
You have the right to seek justice, and you don’t have to walk this path alone. A San Francisco sexual assault attorney from Ribera Law Firm will proudly serve as your advocate and support you every step of the way.
What Is Sexual Abuse?
Sexual abuse, which is often referred to as sexual assault or sexual battery, occurs when a person engages in unwanted sexual acts or engages in sexual acts to which a person is unable to consent. Examples of such sexual acts include but are not limited to: kissing, fondling, groping, oral sex, vaginal intercourse, anal intercourse, nudity, masturbation, the viewing of sexually explicit materials, or the taking of sexually explicit photographs or videos.
Often, an improper abuse of power is involved. Common scenarios where sexual abuse may occur include the following:
- An individual in a position of authority demanding that a person who lacks such authority engages in sexual contact or sexually inappropriate behavior (i.e. oftentimes seen in the workplace between boss and employee or in a church-like setting between church official and church member);
- An individual who engages in sexual contact or sexually inappropriate behavior with a vulnerable person who is not in a position to consent to the contact (i.e. oftentimes seen in a medical setting between a medical professional and patient, in a nursing facility between a caregiver and elderly person, or in instances where a person is unable to provide consent to the sexual acts because the person is under the influence of drugs or alcohol);
- An adult engaging in sexual acts or sexually inappropriate behavior with a minor;
- Sexual acts or sexually inappropriate behavior between persons having a substantial disparity in physical size that allows for the larger individual to intimidate the smaller individual with threats of violence or disclosure of sensitive information.
- If you think that you or a loved one has been sexually abused, a San Francisco sexual assault attorney at Ribera Law Firm can advise you of your rights in a confidential, caring, and compassionate setting.
Can a Sexual Abuse Survivor Sue for Compensation in California?
Yes. Whether or not a survivor of sexual abuse decides to pursue criminal charges, a sexual abuse survivor may also file a civil lawsuit for monetary damages against not only the abuser, but also the organization that may have been negligent in preventing this abuse from occurring. Organizations that disregard prior complaints of sexual misconduct against the abuser, have an insufficient employee vetting process, or fail to fire the abuser after being informed of allegations of sexual misconduct may be held liable in civil court.
Holding Institutions Accountable
Sexual assault lawsuits are often about more than pursuing legal action against the perpetrator of the sexual abuse. In many situations, the entity that allowed the sexual abuse to occur and/or covered up prior acts of sexual abuse could be held liable in civil court for its actions – or inaction.
There are different situations where an entity may be responsible if you or a loved one were sexually abused. For example, the abuser’s employer may have known about the sexual abuse and failed to take steps to address it or covered up previous instances of sexual abuse. Another example is when an employer fails to perform an adequate background check on its employees, which, had it been done, could have prevented the sexual abuse from occurring.
Facing off against a powerful institution like a school, church, or corporation can be daunting. These organizations typically have extensive resources and their own army of lawyers. You should not be dissuaded, especially with the support of a San Francisco sexual assault attorney from Ribera Law Firm by your side.
What Evidence Is Needed to Build a Strong Case?
Success starts with developing the strongest possible case against the responsible parties. Personal testimony is often at the core of a sexual assault case. This includes not only your story but also statements from witnesses who might have been aware of the abuse or experienced it themselves.
While your story is a vital part of your case, any documents that support your claim of sexual abuse can be invaluable. Oftentimes, helpful information can be found in text messages or emails. Medical or counseling records can also play an important part in corroborating your claim. Such documentation is important not only for establishing that the assault occurred but also for establishing the value of your claim. In some instances, a police report, photos, or video footage may be available to help corroborate the details of your sexual abuse claim.
It is imperative that you retain any and all information in your possession relating to your sexual abuse claim.
What Types of Damages Can Be Recovered in a Sexual Abuse Lawsuit?
Survivors of sexual abuse may be entitled to monetary compensation for the following types of damages, which include, but are not limited to:
- Past and future medical treatment relating to the sexual abuse, including counseling;
- Past and future lost wages and/or loss of earning capacity;
- Past and future pain and suffering;
- Past and future emotional distress;
- Past and future loss of quality of life; and
- Punitive damages to punish the abuser and/or entity responsible for the sexual abuse.
Are There Any Deadlines to File a Sexual Abuse Claim?
Yes. There are different statutes of limitation, or deadlines, that apply in California to cases involving claims of sexual abuse, which, if not followed, could prevent you from obtaining financial compensation from those responsible. For example, if the abuser worked for a governmental entity, a sexual abuse survivor could have as little as six months to bring a claim.
Additionally, a sexual abuse survivor who was a minor at the time of the abuse may have a longer period of time to file a sexual abuse lawsuit than an adult who was sexually abused. Given the various nuances associated with the applicable deadline for a sexual abuse claim, it is highly recommended that any survivor of sexual abuse immediately contact a San Francisco sexual assault attorney at Ribera Law Firm in order to be advised of their legal rights.
What About My Privacy?
A common and understandable concern for those who are survivors of sexual abuse is the protection of the survivor’s privacy. Clearly, this is a highly sensitive issue, and confidentiality is of the utmost importance. Fortunately, the courts understand this and provide remedies such as filing your lawsuit as a John Doe or Jane Doe in order to protect your privacy by not having your name publicly disclosed in the lawsuit. Courts also allow survivors to file documents containing private information, such as medical or counseling records, under seal so that it cannot be disclosed to the public.
Can My Case Be Resolved Without Having to Go to Court or Filing a Lawsuit?
Yes. It is possible to resolve your case prior to filing a lawsuit or having to go to court. Oftentimes this is the preferred method of resolving a case for all parties concerned because it ensures that the privacy of all parties will be protected and all sensitive information will remain confidential.
Contact a San Francisco Sexual Abuse Attorney with a Proven Track Record of Success
Quickly becoming known as one of the best sexual abuse attorneys in San Francisco, Ribera Law Firm’s Sandra Ribera Speed, Esq. has a proven track record of successfully holding large institutions accountable in sexual abuse cases. In Ribera Law Firm’s cases against porn-giant Kink.com, Sandra Ribera Speed negotiated substantial financial settlements for her three clients who contracted HIV on the sets of three separate porn shoots for Kink.com.
For several years, Ribera Law Firm has represented survivors of childhood sexual abuse by members of the clergy. Sandra Ribera Speed also filed a lawsuit against the Diocese of Oakland on behalf of a client who was an adult when he was sexually abused by a clergy member. See the news article and interview of Sandra Ribera Speed, Esq. here.
Not only is San Francisco sexual assault attorney Sandra Ribera Speed an accomplished legal strategist with excellent results but she is also known for her genuine compassion and empathy toward survivors of sexual abuse. Authentic Client Reviews and Testimonials illustrate how comfortable Sandra Ribera Speed makes her clients feel in one of the most traumatic periods of their lives.
Recent Successful Resolutions on Behalf of Sexual Abuse Clients
Through its unwavering pursuit of justice, advocacy, and client care, Ribera Law Firm has achieved several recent seven-figure settlements on behalf of its clients who were sexually abused, including:
- $1,875,000 Sexual Assault Settlement: Achieved a substantial settlement against Dr. Chetkowski and an IVF clinic for a client who suffered sexual assault
- $3.5 Million Clergy Sexual Abuse Settlement: Delivered justice for a victim of clergy sexual abuse, holding the Diocese of Oakland accountable for their failure to protect parishioners.
- $1.5 Million Settlement for Sexual Abuse Survivor: Reached a settlement on behalf of a client sexually abused as a minor by a priest in the Diocese of San Jose.
Learn more about our recent successes.