Sexual assault can be devastating for victims. Unfortunately, in 2017, there were 534 instances of rape in the San Diego region, which is a 70% increase from 2013. Rape and sexual assault are serious crimes that occur all over the country, but this sharp increase in San Diego is particularly disturbing. Rape and sexual assault are crimes that the legal system hasn’t always taken as seriously as it should. Because of this, personal injury lawsuits are often a victim’s only chance at justice. Consider the historic recent settlement of Michigan State University with the victims of Larry Nassar for $500 million.
No one can restore what an abuser takes or repair the damage to the lives of his victims, but a personal injury lawsuit can bring awareness to some semblance of justice to survivors and perhaps prevent others from suffering the same harm. Contact the attorneys at Estey & Bomberger for compassionate legal help after a sexual assault or rape in San Diego.
Why Do Survivors Trust Estey & Bomberger, LLP?
Compassionate and Confidential Representation
When you’re dealing with the aftermath of sexual assault, you need attorneys who prioritize your privacy and well-being above all else. We provide completely confidential representation, ensuring your identity remains protected throughout the entire legal process while offering the compassionate support you deserve during this difficult time.
Proven Track Record of Results for Survivors
Our firm has secured millions of dollars for our clients, including landmark verdicts like a $60 million judgment for three young survivors of sexual abuse and a $30 million verdict for a foster care abuse survivor. We have the proven track record to fight for the maximum compensation you deserve.
Award-Winning Firm with National Recognition
Estey & Bomberger, LLP has earned national recognition from major media outlets, including CNN, the Associated Press, and the Los Angeles Times, while receiving prestigious honors like “Top Plaintiff Attorney” from the Daily Journal and “Super Lawyer” status.
What to Do If You Were Sexually Assaulted in San Diego
If you’ve experienced sexual assault, please know that what happened to you was not your fault, and you deserve support, care, and justice. The trauma you’re experiencing is real and valid, even if others can’t see physical injuries or fully understand what you’re going through.
Taking care of yourself and seeking the help you need is your priority right now, and there are people and resources available to support you through this process. Here are important steps you can consider taking, depending on what feels right for your situation:
- Get to safety immediately by going to the nearest hospital, police station, or trusted person’s home where you feel secure and protected.
- Seek immediate medical attention at a hospital emergency room to check for injuries, prevent sexually transmitted infections and pregnancy, receive counseling, and collect evidence if you choose.
- Consider reporting the assault to law enforcement by calling 911 or visiting your local police precinct to file a report and request a criminal investigation.
- Contact a rape crisis center for crisis intervention, hospital accompaniment, counseling, court advocacy, and support groups through their 24-hour hotlines. You can connect with a center in your area by calling the RAINN hotline at 800-65-HOPE (4673).
- Apply for protective orders by filing for civil protection orders that can provide immediate, temporary legal protection to keep your assailant away from you.
- Preserve evidence by avoiding showering, combing your hair, or changing clothes before a medical examination, though this doesn’t require you to file police reports or press charges.
- Tell someone you trust who can provide emotional support and practical assistance as you navigate your next steps.
What Are Your Rights as a Survivor of Sexual Assault?
As a sexual assault survivor in California, you have legal rights protected under the Sexual Assault Survivors’ Bill of Rights (Assembly Bill 1312). These include:
- The right to receive a free medical evidentiary exam (rape kit)
- The right to prompt analysis of sexual assault forensic evidence
- The right to have forensic evidence held for a minimum number of years or until you reach age 40 if the assault occurred when you were a minor
- The right to be informed of the results of forensic analysis upon request
- The right to be informed by medical providers of your rights before any medical examination
- The right to be informed by law enforcement officers, prosecutors, or attorneys of your rights before interviews
- The right to receive documentation explaining your rights in clear, understandable language
- The right to be informed of available law enforcement protection, including temporary protection orders and how to obtain them
- The right to obtain free, complete, and unaltered copies of all law enforcement reports concerning the assault
- The right to be interviewed by a law enforcement official of the gender of your choosing
- The right to retain all these protections regardless of whether you participate in the criminal justice system or receive a medical evidentiary exam
- The right to be reasonably protected from the defendant and persons acting on the defendant’s behalf
- The right to be treated with fairness and respect for your privacy and dignity
- The right to consult with a sexual assault counselor before or during medical evidentiary examinations or interviews with law enforcement officials, prosecutors, or attorneys
- The right to have a support person of your choosing present during medical examinations and interviews
- The right to be provided with contact information for nearby rape crisis centers and sexual assault counselors
Beyond these rights, you also have the right to file a civil lawsuit against your assailant and potentially other responsible parties, even if you choose not to pursue criminal charges or if criminal prosecution is unsuccessful. These civil lawsuits operate separately from criminal cases and allow you to seek financial compensation for the harm you’ve suffered.
What Compensation Is Available for Sexual Assault Survivors in San Diego?
A civil lawsuit can provide vital support as you work toward healing and rebuilding your life after sexual assault. You may be entitled to compensation for medical expenses, including emergency treatment, ongoing therapy, and future medical care related to your trauma. Mental health treatment costs, including counseling and psychiatric care, are also included in this portion of your award.
You can seek compensation for lost wages if you’ve missed work due to the assault or its aftermath, as well as reduced earning capacity if your ability to work has been affected long-term. Pain and suffering damages are also available to address the physical and emotional trauma you’ve endured. In cases involving particularly dangerous and egregious conduct, punitive damages may be available to punish the perpetrator and deter similar behavior.
A sexual assault lawsuit can provide the resources you need for treatment, security measures, relocation if necessary, and other steps that support your healing process. Estey & Bomberger, LLP will work closely with you to determine the full extent of damages you’ve suffered and pursue maximum compensation for all areas of your life that have been impacted by the assault.
What Is Sexual Assault?
The law defines sexual assault by degrees, so victims may have to explain to law enforcement the degree to which they suffered sexual assault. Though challenging enough for adults, this would be even more difficult for victims who are children. Whether an adult or a child, victims should seek counseling to help them recover after sexual abuse or assault.
Some common types of sexual assault include:
• Attempted rape
• Fondling or unwanted touching
• Forcing someone to perform sexual acts
• Penetrating the victim’s body
California Law and Rape Statutes
Though sexual assault can mean many things, California law offers specific and detailed information about what constitutes rape. In California, rape occurs when:
- The victim cannot give consent because of a mental disorder or disability, and the perpetrator knows about the disorder or disability.
- The sexual abuse act occurs by way of force, violence, duress, menace, or fear of injury.
- The victim cannot give consent because he or she is under the influence of drugs or alcohol, and the perpetrator is aware of his or her condition.
- The victim is unconscious and the perpetrator knows this.
- The victim gives consent because the perpetrator makes the victim believe he or she knows the perpetrator.
- The act occurs because the perpetrator threatens the victim or another person.
- The perpetrator threatens to use law enforcement to arrest, deport, or incarcerate the victim or another person.
In California courts, the foundational decision about whether the act was rape depends on how the victim feels about the incident. Any sexual penetration, however, is enough to constitute rape charges.
Punishments for Rape in California
No matter in which state the offense occurred, the punishments for rape are severe. In California, the prison sentence of the perpetrator depends on factors such as the age of the victim and the nature of the sexual abuse. Depending on the situation, the perpetrator’s past acts, and the severity of the assault, a rape offender will face three, six, or eight years in prison.
If the victim is a minor and the rape occurred by way of violence, duress, menace, or fear of injury, the penalties are more severe. If the victim is younger than 14 years old, the offender can face nine, eleven, or thirteen years in prison. If the victim is older than 14 years old but still a minor, the offender may receive seven, nine, or eleven years in prison.
What to Expect When You Work with Estey & Bomberger, LLP
Estey & Bomberger, LLP is a firm made up of award-winning attorneys, certified victim advocates, therapists, paralegals, forensic experts in sexual assault trauma, and activists dedicated to protecting survivors. As a small firm, we limit our caseload to provide personalized attention and comprehensive support to each client.
We handle every aspect of your case from start to finish, allowing you to focus solely on healing and recovery. Your only job is to concentrate on getting better and moving forward with your life. We begin with a confidential consultation where we discuss your situation, explain your options, and develop a strategy tailored to your specific needs and goals.
Our firm will guide and support you through each step of the legal process, answering questions and providing regular updates on your case’s progress. We ensure your complete anonymity and will work with you to address any safety concerns that you may have. We will also connect you with qualified therapists who specialize in treating sexual assault survivors.
San Diego Rape Attorneys – Dedicated to Your Case
The attorneys at Estey & Bomberger, LLP have won $500 million for our clients over the past five years. We have extensive knowledge and experience with sexual assault and rape cases in San Diego, and we understand the complexity of coming forward with sexual assault charges. Contact Estey & Bomberger for questions regarding a sexual assault case. Contact us for a free, private consultation at our San Diego office about your case today! Dial (619) 295-0035.