Orange County is one of the most populated counties in California. In 2021, Orange County had a population of over 3.2 million people. Males makeup about 1.5 million of the population, and females make up the rest. For every hundred women, there are about 98 men. With such a large population, the likelihood of a sexual assault incident is very high. Orange County has several laws and regulations in place to deter sexual assault incidences, however,  unfortunately, sexual assault rates are still high. 

Can I file a lawsuit for sexual assault in Irvine?

Sexual assault could be charged criminally. This is done by the Irvine Police Department. But, civilly, you have the right to file a lawsuit against the responsible party for compensation for your damages. 

Sexual Assault Laws In Irvine

Irvine follows assault and sexual assault laws and sections of the California Penal Code. The California Penal Code is a series of laws that outline charges and crimes, along with the penalties and consequences. This includes:

  • Penal Code section 243.4: This section discusses sexual battery, and what sexual battery is. sexual battery is the unconsented touching of sexual body parts. This includes groping.
  • Penal code section 261:  The section discusses rape, and the effects rape may have. For example, threats of rape are still considered a violation of this section.
  • Penal Code section 262: This section deals with spousal rape.  Sexual assault could also happen between those who are married or have a domestic partnership.

How much is my sexual assault lawsuit worth?

Each sexual assault incident is unique. Sexual assault could be traumatic for almost any victim. Courts do not have a specific formula or a number amount to determine exactly how much a sexual assault lawsuit could be valued at  the totality of the circumstances, and taken in to account several factors, including:

  • The emotional impacts the sexual assault had on the victim. If the victim currently still struggles with PTSD, anxiety, and depression, the court will take that into account.
  • The psychological impact of the sexual assault. Almost all sexual assaults have some form of psychological impact that the victim may need counseling for.
  • Medical expenses are used to treat sexual assault injuries. Depending on the severity of the injuries, some injuries may require physical therapy, surgery, or prescription medication.
  • The extent of the injuries.  The severity of the injuries, along with the medical expenses, will be a substantial factor in determining the sexual assault lawsuit compensation.
  • The responsibility of the other party.  If the victim did not consent, then the touching and sexual assault were unwanted. This plays a role in determining liability.
  • The effect the sexual assault had on the victim’s life. Some sexual assault victims may be able to cope with the trauma and the fear quicker than others. Courts consider the long-term effects sexual assault has on the victim. 
  • The lost wages of the victim.  The sexual assault victim may have had to take time off work to cope with their injuries, or to attend counseling sessions. The court takes this into account and calculates it as a part of the sexual assault lawsuit value.

What should I do after a sexual assault in Irvine?

  1. Report the incident to the Irvine Police Department: The Irvine Police Department encourages reporting and makes sure that reports are all done confidentially so you do not have to worry about coming forward. A report could be very important when seeking compensation.
  2. Get medical attention: After experiencing a sexual assault, you should seek medical help immediately to get an assessment and evaluation of your injuries.
  3. Take photos of the scene: If there are any pieces of evidence left at the scene of the assault, make sure you take photos.
  4. Keep any objects: If there were any objects, such as clothing, that were left behind, make sure you preserve them.
  5. Contact an experienced Irvine sexual assault attorney: our sexual assault attorneys guarantee no-risk confidential consultations where we encourage you to tell us the details about the assault so we can hold the other party responsible and accountable. 

When can I file my sexual assault claim in Irvine?

Sexual assault and statute of limitations could get a bit complex and tricky since they are different from your standard two years. Adult victims of sexual assault have 10 years from the date of the assault to file a lawsuit. 

Those who are under the age of 18 have 10 years from the date of their 18th birthday to file a sexual assault lawsuit. But, keep in mind that these time limits could be further extended depending on the evidence that the district attorney may find. 

What is consent?

Consent must be a clear agreement between two people to participate in sexual activity. The consent must be actions, coupled with words. If a single party has not consented to the sexual activity, the other party could be charged with sexual assault.

Who is responsible for charging those with sexual assault?

The Irvine Police Department in Irvine, California, is responsible for investigating all reported sexual assault incidences. after the police department investigates, they also charge those with sexual assault.

Sexual Assault Injuries And Effects

Sexual assault injuries could be very traumatic, and could cause catastrophic injuries. Some sexual assault injuries may even be life-threatening. The injuries very depend on the circumstances of the sexual assault. Examples of injuries caused by sexual assault include:

  •  Bruises
  •  Cuts
  •  Broken bones
  •  Lacerations
  •  Sexually transmitted infections
  •  Pregnancy
  •  Insomnia
  •  Self-confidence issues
  •  Mental health issues
  •  PTSD
  •  Anxiety
  •  Lack of trust
  •  Substance abuse
  •  Trauma
  •  Suicidal Thoughts
  •  Depression

Each sexual assault circumstance is different from one another, and with that, each injury may have different levels of severity. This doesn’t necessarily mean that one case’s value is higher than others. For more information on how much your sexual assault case could be worth, give our attorneys a call.

Irvine Sexual Assault Attorneys

If you or someone you know has experienced any form of assault or sexual assault, contact our top rated Irvine attorneys for legal assistance immediately. We understand that it could be very difficult and emotionally tiring to come forward and report the sexual assault incident. But, getting compensated is a way to hold the assault responsible for their actions. 

You should not have to go through this alone. We know that there is not a single dollar amount that we could use to quantify the emotional trauma that you have dealt with in your Irvine sexual assault incident. But, the least our attorneys could do is make sure that you get the justice you deserve by holding those responsible financially accountable for their actions.

Heidari Law Group Irvine Practice Areas