Coming forward after sexual assault takes courage. Many survivors aren’t just seeking justice—they’re trying to stop it from happening to someone else. If you’re asking how to file sexual assault charges in California, or wondering whether you have that right, you’re already taking a powerful first step.
A Los Angeles sexual abuse lawyer can walk you through what to expect. The process can feel intimidating, but with the right support, it becomes more manageable.
Knowing what to expect can give you the confidence to take the next step and make informed choices that feel right for you.
What Does It Mean to File Charges?
Filing charges is the process of asking the state to investigate and prosecute a sexual assault. In California, criminal cases are handled by the district attorney’s office, not private individuals.
Under California Penal Code §261, rape is defined as non-consensual sexual intercourse accomplished by means such as force, violence, duress, menace, or fear. This law, and others like it, provide the basis for prosecutors to pursue charges after an assault is reported.
That means you can’t “press charges” the way TV often shows it. Instead, you report the assault to law enforcement, who investigate and decide whether to refer the case to prosecutors. Then the DA determines whether to file formal charges.
Step 1: Report the Assault to Law Enforcement
The first step in how to file sexual assault charges is reporting the incident to the police. You can do this by:
- Calling 911 if you are in immediate danger
- Visiting a police department in person
- Asking a hospital to contact law enforcement after an exam
- Calling a local police non-emergency line
You can report even if time has passed. Delayed reporting is common, especially when trauma, fear, or shame are involved. The sooner you report, though, the easier it may be to collect evidence.
When you speak to law enforcement, try to give as much detail as you can remember. You can also bring someone you trust for support.
Step 2: Undergo a Forensic Medical Exam (If Possible)
If the assault happened recently, a forensic exam (often called a “rape kit”) can help preserve physical evidence. In California, you have the right to this exam free of charge.
You do not have to file a police report to receive the exam, although doing both can strengthen your case. The exam can document injuries and collect biological evidence.
To protect evidence, avoid showering, changing clothes, or cleaning up before the exam if you can. But if you already did, don’t let that stop you from reporting—your case still matters.
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Step 3: Cooperate With the Investigation
After you report the assault, the police will begin an investigation. They may ask for interviews, statements, or access to messages, clothing, or other relevant details.
There is no requirement that you provide physical evidence. Your story is valid on its own. A Los Angeles sexual abuse lawyer or victim advocate can help you prepare and stay supported throughout this process.
The police then decide whether there is enough evidence to refer the case to the district attorney. If so, the DA reviews everything and determines whether to formally press charges.
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What Happens If Charges Are Filed?
If the district attorney decides to file charges, the person who harmed you becomes the defendant in a criminal case. You are not technically the one pressing charges—the state is.
You may be asked to testify in court. If so, you have the right to a support person, and a prosecutor will help you prepare. Some cases resolve through plea deals and never go to trial.
If you’re scared about the idea of court, you’re not alone. A good legal team can help you understand your rights and what protections are available.
What If the DA Declines to File Charges?
Unfortunately, not every report results in prosecution. This can be frustrating and painful, but it doesn’t mean what happened wasn’t real or serious.
If the district attorney declines to file charges, you still have legal options. You may be able to file a civil lawsuit, which doesn’t require criminal prosecution or conviction.
Civil cases can help survivors hold individuals and institutions accountable. A Los Angeles sexual abuse lawyer can explain how this process differs and what damages you may be able to seek.
How Long Do I Have to Report?
California law gives survivors more time to report sexual assault than ever before. In many felony cases, adults have up to 10 years to report, and that window may be extended in cases involving newly discovered evidence.
Assembly Bill 2777 created a temporary civil lookback window for adult survivors. This window is open from Jan. 1, 2023, through Dec. 31, 2026, and applies to assaults that occurred on or after Jan. 1, 2009. A shorter one-year window for institutional cover-ups ended Dec. 31, 2023.
These timelines do not apply to every case, but they give many survivors a renewed path forward. If you’re unsure what applies to your situation, a legal professional can help.
These provisions provide more survivors the opportunity to come forward and take action, even years after the assault.
Can I Stay Anonymous?
You have some privacy protections when reporting sexual assault. Law enforcement and the courts must follow procedures to reduce harm and avoid unnecessary exposure.
While your name may appear in police records or court filings, California law prohibits the media from publishing your identity without consent. You can also request accommodations during the process.
In a civil case, your lawyer can file under a pseudonym like “Jane Doe.” This offers an added layer of privacy while still allowing you to seek justice.
You Don’t Have to Do This Alone
Deciding whether to report is never easy. However you feel right now is okay. If your instinct says something wasn’t right, we believe you. We will do everything in our power to protect your safety and help you explore your options.
Whether you want to pursue criminal charges, file a civil case, or simply understand your rights, a Los Angeles sexual abuse lawyer can help you move forward with clarity and compassion.
At Arias Sanguinetti, we offer confidential consultations in a judgment-free space. With over 300 years of combined experience, our team understands how to approach these cases with care, professionalism, and strength. When you’re ready, we’re here to listen—and to stand with you.
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