A civil lawsuit places the survivor's harm — and the defendant's accountability — at the center of the proceeding. The criminal system cannot do that. A civil claim can.

Criminal prosecutions for sexual assault are brought by the government, on behalf of the state. The victim is a witness, not a party. A civil claim is different — it is the survivor's case, and it pursues remedies directed specifically at compensating the survivor for the harm they suffered.

Civil sexual assault claims can be brought against the direct perpetrator and, in many cases, against third parties who bore responsibility for the environment in which the assault occurred — employers, institutions, property owners, supervisors and organizations that knew or should have known of a predator's conduct and failed to act. California has significantly extended the statute of limitations for adult survivors of sexual assault, and in many cases claims that might appear time-barred can still be pursued — understanding these deadlines is one of the first things we assess in every consultation.

Eagan Law handles sexual assault civil claims with the discretion and sensitivity they require. All consultations are strictly confidential. We have significant experience managing high-profile and sensitive matters — including negotiating confidential settlements that protect survivors' privacy while delivering meaningful accountability. There is no obligation to proceed — and no attorneys' fees unless a recovery is made on behalf of the client.

Extended Limitations Periods for Survivors

California has significantly extended the statute of limitations for sexual assault civil claims. Under CCP § 340.16, adult survivors generally have 10 years from the last act of assault or three years from discovery of injury — whichever is later — to bring a civil claim.

Third-Party Liability — Employers & Institutions

California law permits civil claims against employers, schools, religious institutions and other organizations that knew or should have known of a perpetrator's conduct and failed to prevent it. These third-party claims can significantly expand available recovery.

Strict Confidentiality

All consultations at Eagan Law are completely confidential. Survivors are under no obligation to proceed following a consultation. The firm takes the sensitivity of these matters seriously at every stage of the engagement.

Civil Sexual Assault Claims We Handle

01

Civil Claims Against the Perpetrator

California recognizes civil claims for sexual battery — the intentional sexual touching of a person without consent — and civil assault arising from sexual violence. These claims may be brought against the perpetrator regardless of whether criminal charges are filed, and the civil standard of proof (preponderance of the evidence) is significantly lower than the criminal standard.

  • Sexual battery civil claims (Civil Code § 1708.5)
  • Assault and intentional infliction of emotional distress
  • Punitive damages for egregious conduct
  • Claims concurrent with criminal proceedings
  • Claims following acquittal or nonprosecution
02

Employer & Workplace Liability

Employers have a legal duty to maintain a workplace free from sexual harassment and assault. When an employer knew or should have known of a supervisor's or coworker's predatory conduct and failed to act, the employer may be directly liable for resulting harm. Claims may also be available against the individual supervisor or coworker in addition to the employing entity.

03

Institutional & Organization Liability

Schools, religious institutions, sports organizations, healthcare providers and other entities have been the subject of significant civil litigation for their failure to prevent or respond to sexual assault by employees or agents. California law permits these claims — and has extended limitations periods specifically to allow survivors more time to bring them.

  • School and educational institution claims
  • Religious institution and clergy abuse claims
  • Sports organization and coaching abuse claims
  • Healthcare provider and facility claims
  • Youth organization and camp abuse claims
04

Property Owner & Venue Liability

Property owner premises liability may arise where criminal sexual assault was foreseeable based on the nature of the location, prior incidents or specific known risks — and where the owner failed to take reasonable security measures. These claims may run concurrently with claims against the perpetrator and employer.

  • Hotel and hospitality venue liability
  • Apartment and residential complex claims
  • Nightclub and entertainment venue security
  • University and campus housing security
  • Employer-provided housing safety failures

Trusted Representation for Survivors

Sexual assault civil claims require counsel who brings both legal sophistication and genuine care to the representation. Eagan Law handles these matters with the sensitivity and discretion they demand.

1

Confidentiality & Discretion at Every Stage

All consultations are strictly confidential. Eagan Law has experience handling high-profile sexual assault civil claims with the discretion they demand — including negotiating confidential settlements that shield survivors from unwanted exposure while achieving meaningful accountability. Survivors can speak freely with no obligation to proceed.

2

Third-Party Liability

In many sexual assault civil cases, the most significant available recovery comes from third parties — employers, institutions and property owners — who had a duty to prevent the harm and failed. Identifying and pursuing these claims requires specific knowledge and experience.

3

No Fee Unless We Recover

Eagan Law handles sexual assault civil claims on a contingency fee basis. Survivors pay no attorneys' fees unless a recovery is made on their behalf. Financial circumstances are never a barrier to representation.

4

Personal Involvement Throughout

Todd Eagan is personally involved in every matter at the firm. In sexual assault civil cases — where trust, discretion and consistent communication matter enormously — there are no handoffs and no intermediaries.

California Sexual Assault Civil Law

California Civil Code § 1708.5 creates a civil cause of action for sexual battery — the intentional sexual touching of another person in a harmful or offensive manner without consent. A civil sexual battery claim may be brought regardless of whether criminal charges are filed or result in a conviction, and the standard of proof in civil court (preponderance of the evidence) is significantly lower than in criminal court (beyond a reasonable doubt).

California has significantly extended the statute of limitations for adult sexual assault survivors. Under Code of Civil Procedure § 340.16, enacted and amended through AB 2777 (the SPEAK OUT Act), adult survivors generally have ten years from the last act of assault or three years from discovery of injury — whichever is later — to bring a civil claim. California has also created specific look-back windows in recent years allowing previously time-barred claims to be revived.

Statute of Limitations: Under CCP § 340.16, adult sexual assault survivors generally have 10 years from the last act or 3 years from discovery to file suit — whichever is later. For childhood sexual abuse, different rules apply under CCP § 340.1, generally allowing claims until age 40 or within 5 years of discovery. These rules are complex and case-specific — early consultation is strongly advised.

Important — Government Entity Defendants: If a public or government entity is a defendant — a school district, a city, a public university or other government body — the time limit can be as short as six months from the incident to file what is known as a "government claim." This shortened deadline applies whether you are a child or an adult bringing the lawsuit. If you miss the six-month deadline, your lawsuit could be permanently barred, regardless of how strong your case is. If there is any possibility that a government entity bears responsibility for your assault, contact an attorney immediately.

California's FEHA (Government Code § 12940) prohibits sexual harassment in the workplace and provides a framework for civil claims against employers who fail to prevent or respond to known harassment or assault. Title IX of the Education Amendments of 1972 creates a parallel federal framework for claims against educational institutions receiving federal funding. Both tracks may be pursued concurrently with state civil claims.

Frequently Asked Questions

Can I bring a civil lawsuit for sexual assault even if no criminal charges were filed?

Yes. Civil and criminal proceedings are completely independent. A prosecutor's decision not to file charges — or a criminal acquittal — has no bearing on your right to bring a civil claim. The civil standard of proof is preponderance of the evidence, which is significantly lower than the criminal standard of beyond a reasonable doubt. Many successful civil sexual assault cases proceed without any parallel criminal prosecution.

How long do I have to file a civil sexual assault lawsuit in California?

Under Code of Civil Procedure § 340.16, adult sexual assault survivors generally have ten years from the last act of assault or three years from the date of discovery of a connection between the assault and an injury — whichever is later. For childhood sexual abuse, Code of Civil Procedure § 340.1 generally allows claims until the plaintiff reaches age 40 or within five years of discovering that the abuse caused injury. These rules are complex and fact-specific — early consultation is strongly advised to ensure your rights are preserved.

Can I sue my employer if I was assaulted by a supervisor or coworker?

Yes, in many cases. Employers have a legal duty to maintain a workplace free from sexual harassment and assault, and they may be directly liable for failing to prevent or respond to known predatory conduct by supervisors or coworkers. California's FEHA provides a framework for these workplace claims. The strength of a claim depends on what the employer knew or should have known, how they responded to prior complaints and the nature of the relationship between the perpetrator and the employer.

Who else besides the perpetrator might be liable for my assault?

Depending on the circumstances, third parties who may share civil liability include: employers who knew or should have known of the perpetrator's conduct; educational institutions and schools; religious organizations and youth groups; healthcare facilities; property owners who failed to provide adequate security; and organizations that enabled or concealed predatory conduct. Identifying all parties with potential liability is one of the most important steps in maximizing available recovery.

Will my name be made public if I bring a civil lawsuit?

California courts have procedures that allow sexual assault plaintiffs to proceed anonymously in appropriate cases — for example, using initials or a pseudonym rather than their full name in court filings. Whether anonymity is available depends on the specific facts and the court's discretion. Eagan Law discusses these options with clients from the outset and takes all available steps to protect client privacy throughout the litigation process.

Discuss Your Matter

These matters require confidential, sensitive counsel. All consultations are completely private — and there is no fee unless we recover for you.

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