Sexual abuse can be a felony in California, depending on the specific charges that apply. Factors such as the survivor’s age, the offender’s intent, and the nature of the abuse often determine whether felony charges are filed.
Felony sexual abuse convictions can result in severe penalties, including prison time, fines, and mandatory registration as a sex offender. Survivors may also pursue civil claims to seek compensation for the harm they experienced.
A Los Angeles sexual abuse lawyer can provide guidance on the legal process and help survivors hold offenders accountable.
What Determines Whether Sexual Abuse is Charged as a Felony in California?
Hiring a Los Angeles personal injury lawyer can help you seek compensation and a sense of closure as a survivor, but this process is entirely separate from any criminal proceedings.
Several legal factors affect whether sexual abuse is charged as a felony in California, including the survivor’s age and whether the accused has prior convictions.
These are outlined in the state’s penal code:
- California Penal Code 261: Rape involving penetration is charged as a felony, especially when committed with force or fear of violence.
- California Penal Code 288.5: Continuous sexual abuse of a child over a prolonged period is a felony, reflecting the severity of repeated acts against minors.
- California Penal Code 288: Lewd or lascivious acts with a child under 14 are prosecuted as felonies, with harsher penalties for aggravating circumstances.
- California Penal Code 261.5: Statutory rape involving minors can be charged as a felony, depending on the age difference between the minor and offender.
- California Penal Code 243.4: Sexual battery becomes a felony when it involves restraint, violence, or coercion.
- California Penal Code 667.61: Repeat offenders with prior convictions for sexual crimes face harsher felony charges and extended sentences.
These statutes help determine whether sexual abuse cases are prosecuted as felonies, with penalties designed to address the seriousness of the offenses and protect survivors.
Penalties for Felony Sexual Abuse in California
Felony convictions for sexual abuse in California carry significant penalties aimed at holding offenders accountable for their actions. Aside from increased fines and prison sentences, these penalties can include the following:
- Mandatory sex offender registration: Under California Penal Code 290, convicted offenders must register as sex offenders for life or a designated period, depending on the severity of the crime. They are required to update their information regularly, including their address and employment details.
- Parole and supervision: After serving their sentence, offenders may be placed on parole or probation with strict conditions, such as restrictions on travel, employment, and contact with minors. Violating these terms can result in additional incarceration.
In cases involving aggravating factors, such as the use of force or prior convictions, penalties may be significantly enhanced, which can lead to life imprisonment.
How a Los Angeles Sexual Abuse Lawyer Can Help
A sexual abuse lawyer can help survivors pursue a civil claim independent of any criminal court proceedings or convictions.
Survivors do not receive financial compensation through the criminal process and must file a separate civil claim to recover damages.
A civil claim allows survivors to seek damages that can help cover the costs of therapy, medical treatment, lost wages, and the emotional impact of the abuse. A personal injury attorney can:
- Pursue civil claims: Lawyers file lawsuits against the perpetrator and, when applicable, third parties such as employers, schools, or other organizations that failed to prevent or address the abuse.
- Represent survivors in legal proceedings: Lawyers handle all aspects of the legal process, including filing claims, meeting deadlines, dealing with opposing counsel, and representing survivors in court or during settlement negotiations.
- Negotiate settlements: Some civil cases are resolved outside of court. A lawyer advocates for fair compensation to address the survivor’s financial and emotional needs without requiring them to endure a lengthy trial.
Regardless of whether felony convictions occur, survivors can hold perpetrators and negligent parties accountable while seeking the financial resources necessary to heal and move forward.
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Civil Statute of Limitations for Sexual Abuse Lawsuits
For survivors seeking compensation through a civil lawsuit, California recently extended the statute of limitations on sexual abuse lawsuits under the following laws:
- Assembly Bill 218 (AB 218): Survivors who were minors at the time of the abuse can file lawsuits until their 40th birthday or five years after discovering the abuse or its impact, whichever date is later.
- Assembly Bill 452 (AB 452): For incidents of sexual abuse involving minors that occurred on or after January 1, 2024, there is no statute of limitations for filing a civil lawsuit. Survivors can bring claims at any time.
- California Code of Civil Procedure 340.16: Adult survivors have ten years from the date of the assault or three years from the discovery of the assault and its resulting injuries to file a lawsuit.
- Assembly Bill 2777 (AB 2777): This law created a special lookback window for adult survivors. It allows survivors to file lawsuits for sexual assaults that occurred on or after January 1, 2009, even if the previous statute of limitations has expired. This window opened on January 1, 2023, and closes on December 31, 2026.
If the abuse involved a government institution (such as a public school or government agency), survivors generally must file a California government claim within six months. This deadline does not apply to childhood sexual assault claims.
Persons abused as minors are not required to file a government claim and may sue the public entity directly. California law gives those survivors until age 40 or within five years after discovering that the abuse caused them psychological harm in adulthood, whichever is later, to file a civil lawsuit.
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Call Arias Sanguinetti for Help With a Sexual Abuse Lawsuit
Sexual abuse can qualify as a felony in California. Regardless of the outcome in any criminal court proceeding, you have the right to hold an abuser responsible through a personal injury lawsuit. Civil claims allow survivors to pursue the compensation they need to heal, access therapy, and rebuild their lives.
At Arias Sanguinetti, our team of attorneys has over 300 years of combined experience. We emphasize quality over volume. We take on cases that require skilled trial lawyers, not just settlement negotiators. This approach ensures we are fully committed to achieving justice, accountability, and results for our clients.
We understand the courage it takes to come forward, and we are here to stand with you every step of the way. Call us for a free consultation.
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