Any unwanted sexual contact or behavior committed against another person without their consent is considered sexual assault in California. This behavior includes acts such as groping, forced sexual acts, coercion, or threats of harm to engage in sexual activity.
Under California law, consent must be given freely, without manipulation, fear, or pressure. Sexual assault laws in California are designed to protect individuals from exploitation and hold offenders accountable.
Survivors of sexual assault may face physical, emotional, and financial challenges as a result of their experience. We take enormous pride in standing up for survivors.
A Los Angeles sexual abuse lawyer can help survivors understand their rights, pursue justice, and seek compensation from those responsible for their harm.
Types of Sexual Assault Under California Law
The answer to what is considered sexual assault in California lies in a range of unlawful acts involving non-consensual sexual contact or behavior. These acts include, but are not limited to:
- Rape: Defined under California Penal Code §261, rape involves non-consensual sexual intercourse, often achieved through force, fear, fraud, or when the survivor is unable to provide legal consent due to intoxication or incapacity.
- Sexual battery: California Penal Code §243.4 defines sexual battery as touching the intimate parts of another person without consent for sexual arousal, gratification, or abuse.
- Forced touching: Coercing or compelling someone to engage in unwanted physical contact. This abuse includes groping another person’s intimate areas without consent.
- Coercion: Using threats, manipulation, or authority to force sexual activity.
- Other forms of sexual misconduct: This can include non-consensual acts such as the removal of a condom without disclosure (also known as “stealthing”) or any unwanted sexual contact that falls outside the definitions listed above.
For survivors of these offenses, a sexual abuse lawyer in Los Angeles can provide legal guidance, helping them hold perpetrators accountable and seek appropriate compensation.
The Role of Consent in Sexual Assault Cases in California
Understanding what is considered sexual assault in California begins with the concept of consent. Under California law, legal consent is defined as an agreement to engage in sexual activity that is informed, voluntary, and ongoing.
Consent must be given freely, without any form of coercion, manipulation, threats, or pressure. It cannot be obtained from someone who is incapacitated due to intoxication, unconsciousness, or mental impairment. The law also states that silence, lack of resistance, or a prior relationship does not imply consent.
Additionally, consent is not a one-time agreement—it must be ongoing and can be withdrawn at any time. Any sexual activity that continues after consent is revoked may qualify as sexual assault under California law. A “yes” at the beginning of an interaction does not invalidate a “no” that might come later.
Rights of Sexual Assault Survivors in California
California law provides survivors of sexual assault with several legal protections and avenues for justice. Survivors have the right to file a civil lawsuit against their abuser to seek compensation for damages such as emotional distress, medical expenses, and therapy costs. They may also pursue criminal charges through law enforcement to hold the perpetrator accountable.
Additionally, survivors can request restraining orders to protect their safety and prevent further contact from the offender. These orders can impose strict legal consequences if violated.
For additional support, survivors can turn to organizations like RAINN (Rape, Abuse & Incest National Network), which offers confidential counseling, resources, and advocacy to help survivors heal and take steps toward recovery.
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Statute of Limitations for Sexual Abuse Cases in California
California has made significant changes to the statute of limitations for sexual abuse cases, offering survivors more time to seek justice. These changes reflect the state’s recognition of the unique challenges survivors face when coming forward, empowering them to hold abusers accountable and prevent future harm.
For Child Sexual Abuse Survivors
Assembly Bill 218 grants the right to file a civil lawsuit until their 40th birthday or within five years of discovering the abuse or resulting injuries. For incidents occurring on or after Jan. 1, 2024, Assembly Bill 452 has removed the statute of limitations entirely, allowing survivors to file a claim at any time.
For Adult Survivors of Sexual Abuse
Assembly Bill 2777 has created a special “lookback window” that runs from Jan. 1, 2023, to Dec. 31, 2026. This law applies to adult survivors of sexual abuse occurring on or after Jan. 1, 2009, even if the standard statute of limitations has expired.
It also included a one-year window for survivors to file claims involving institutional cover-ups, which ended on Dec. 31, 2023.
Survivors who were over 18 at the time of the incident generally have 10 years from the date of the assault or three years from the date they discovered the harm caused by it, as outlined in California Code of Civil Procedure 340.1.
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Our Team of Lawyers Can Explain What is Considered Sexual Assault in California
Understanding what is considered sexual assault in California is the first step toward seeking justice and holding abusers accountable. At Arias Sanguinetti, we are committed to helping survivors take meaningful steps toward closure and justice.
Our team has recovered over $1.5 billion for clients, and we are here to provide compassionate guidance to those who need it most.
If you or someone you care about has experienced sexual assault, contact Arias Sanguinetti today for a free, confidential consultation. You don’t have to face this alone—let us help you seek the justice and compensation you deserve.
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