A sexual assault conviction can be ruinous. If you’ve been accused of a sex crime in California, it’s critical to be aware of how long your accuser has to file charges.
So, what is the statute of limitations for sexual assault in California? In most cases, the statute of limitations is 10 years from the date of the alleged assault.
If you’ve been charged with sexual assault, a San Jose sexual assault lawyer can take on your case and help you build a strong defense.
What Is the Statute of Limitations for Sexual Assault in California?
In most cases, California’s statute of limitations to file criminal charges for felony sexual assault is 10 years from the date of the incident. The statute of limitations for misdemeanor sexual assault in California is 1 year.
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What Is the California Statute of Limitations for Childhood Sexual Abuse?
Individuals who wish to file criminal charges for childhood sexual abuse in California have until their 40th birthday or within 5 years of discovering an injury or illness caused by the alleged abuse to do so (whichever comes later).
What Is the California Statute of Limitations to File a Civil Claim for Sexual Assault?
In California, adults have 10 years from the date of an alleged sexual assault to file a civil claim. Alternatively, they have 3 years from the date they discover an injury or illness caused by the alleged assault to initiate legal action.
If the claimant was a minor at the time of the alleged assault, and it occurred on or after January 1, 2024, there is no deadline for them to file a civil suit.
If the incident happened before that date, the individual must file a claim before their 40th birthday or within 5 years of discovering an injury or illness caused by the alleged assault.
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What Is a Statute of Limitations?
A statute of limitations is a legal rule that sets a deadline for initiating legal action. These deadlines exist to ensure cases are tried based on evidence that remains relatively fresh.
In criminal cases, the statute of limitations dictates how long prosecutors have to file charges. In civil cases, it defines the timeframe within which an individual can file a lawsuit for damages.
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How Is Sexual Assault Defined in California?
Under California law, sexual assault encompasses various non–consensual sexual acts, including rape, forced oral copulation, sexual battery, and other forms of unwanted sexual contact. Consent, or lack thereof, is a key factor in determining whether an act qualifies as sexual assault.
What Happens if You’re Accused of Sexual Assault?
If you’ve been accused of sexual assault in California, you can expect the legal process to involve these stages:
- Investigation: Law enforcement interviews witnesses, collects evidence, and reviews any physical or digital records related to the incident.
- Arrest: If sufficient evidence is found, the police may arrest you.
- Filing of charges: Prosecutors decide whether to formally charge you based on the evidence collected.
- Arraignment: You will appear in court to enter a plea of guilty, not guilty, or no contest. Bail is also considered at this stage.
- Pre–trial phase: Both sides gather additional evidence, file motions, and prepare their cases.
- Trial: If no plea agreement is reached, the case goes to trial, where a jury will determine your guilt or innocence.
What Evidence Is Needed to Charge Someone for Sexual Assault in CA?
In California, prosecutors require substantial evidence to charge someone with sexual assault. This can include:
- Witness testimony from the victim or other individuals who witnessed the incident or its aftermath
- Physical evidence, such as clothing, DNA samples, or medical reports that support the victim’s claims
- Digital evidence, such as text messages, emails, or social media posts that may establish a timeline or suggest misconduct
- Behavioral evidence, meaning actions or patterns of behavior that might corroborate the victim’s narrative
The standard for filing charges in California is lower than the standard for a conviction. Charges may be filed based on probable cause, but to secure a conviction, the prosecution must prove the defendant’s guilt beyond a reasonable doubt.
What Are the Best Defenses Against a Sexual Assault Accusation?
A sexual assault accusation requires a strong, personalized defense. Common strategies include:
- Consent: Your lawyer can demonstrate that the alleged act was consensual.
- False accusation: Your lawyer can provide evidence that indicates that the accusation was fabricated or motivated by malice.
- Mistaken identity: Your attorney can argue that you were not the perpetrator of the assault using alibis or other evidence.
- Insufficient evidence: Your attorney can highlight gaps or inconsistencies in the prosecution’s case to undermine its credibility.
How Long Do You Go to Jail for Sexual Assault in California?
The penalties for sexual assault in California vary from case to case. Sentences can range from 1 year in county jail for misdemeanors to 25 years to life for aggravated cases involving minors. Factors that influence a sentence include the nature of the assault and the victim’s age.
How Do You Deal With False Sexual Assault Allegations?
False accusations of sexual assault can devastate your reputation. If you’ve been wrongly accused, it’s crucial to take these steps:
- Remain silent: Avoid discussing the case with anyone other than your lawyer.
- Hire a lawyer: Consult an experienced California sexual assault attorney to start building a defense.
- Gather evidence: Collect any records, communications, or witness testimonies that may disprove the allegations against you.
- Stay composed: Avoid retaliatory actions or statements that could be used against you.
Who Can Be Sued for Sexual Assault in California?
In California, the following parties can be held liable for sexual assault in civil court:
- The perpetrator
- Employers or supervisors who failed to address workplace harassment
- Schools, religious institutions, or organizations that failed to protect victims from abuse
- Landlords or property owners who neglected safety measures
Contact a Sexual Assault Lawyer Today
Navigating the legal system can be overwhelming, especially if you’re facing a sexual assault allegation. But you don’t have to mount a defense alone.
The attorneys at Silver Law Firm have nearly 40 years of combined experience. If you’ve been accused of sexual assault, an experienced sexual assault attorney from our team can defend your rights and advocate for you throughout the legal process.
Schedule a free phone consultation today to find out how you can protect your future.
Call or text (510) 995-0000 or complete a Free Case Evaluation form