California Church Sexual Abuse Lawyer

Maison Law stands with sexual abuse survivors, advocating for your legal rights. While a lawsuit can’t completely undo the harm or criminally penalize offenders, we’re dedicated to using all legal avenues to help you. Contact us today for a free consultation to explore all available options to get the maximum financial support available to you under California law.

Legal Avenues for Church Sexual Abuse Survivors in California

California has strong legal protections for survivors of sexual abuse, particularly in the context of abuse at church. If you suspect that your child has fallen survivor to sexual abuse by a clergy member, fellow congregant, or anyone associated with the church, it’s crucial to be aware of the available options.

One effective way to navigate this is by consulting with our seasoned team of California sexual abuse lawyers. We can provide insight into your rights and how the law pertains to your child’s specific situation.

In broad terms, survivors of sexual abuse and their families can explore the following avenues to address their situation:

• Reporting to police – The primary course of action is to promptly report any sexual abuse to law enforcement. The police can conduct an investigation into the allegations and potentially bring criminal charges against the perpetrator.
• Filing a civil lawsuit – A survivor of sexual abuse has the option to file a civil lawsuit against the perpetrator, and potentially other responsible parties such as the church organization or the leadership. This legal action will allow you to recover certain damages, depending on the circumstances of your case.

Statute of Limitations

While we can point you in the right direction for a criminal charge, our team is committed to ensuring the strength of your civil case and the following of proper procedures. In a positive development against the stigma surrounding sexual abuse, California legislators have passed three laws pertaining to the statute of limitations–or legal deadline–to file a sexual abuse claim:

• Assembly Bill 218 (AB 218) – Child Victims Act – AB 218, commonly known as the Child Victims Act, allows individuals to file claims until either:
  • Reaching the age of 40, or
  • Discovering the injury resulting from the abuse within 5 years.

• Assembly Bill 2777 (AB 2777) – Sexual Abuse and Cover-Up Accountability Act – AB 2777 provides an opportunity for sexual abuse or assault claims where the details were covered up. This law reopens claims from survivors dating back to January 1, 2009. Under AB 2777, survivors can file a claim until December 31, 2026, if:
  • The statute of limitations has expired, or
  • The assault or abuse occurred after turning 18, and the responsible parties concealed the details.
• Assembly Bill 452 (AB 452) – Justice For Survivors Act – AB 452, the Justice For Survivors Act, removes the statute of limitations for sexual abuse incidents occurring after January 1, 2024.

It’s vital to follow these timeframes for the process, and filing a sexual abuse claim, especially against a powerful entity like a church, requires expertise. This is where Maison Law and our team can leverage its experience and knowledge to help you.

Civil Liability in California Church Sexual Abuse Cases

Again, the law in California regarding sexual abuse done by a church or clergy member doesn’t stop at criminal charges. There is also civil liability. Like any other civil case, the initial step involves determining who is responsible for covering your injuries and other damages from the abuse. In cases of sexual abuse, this typically revolves around the perpetrator. However, if the abuse took place in a church, there’s also the concept of “vicarious liability,” holding organizations and agencies responsible for permitting negligence and injuries.

Legally, a claim would focus on both the perpetrator and others responsible for enabling the abuse. As a survivor of sexual abuse in a California church, your claim might involve different parties that are responsible, depending on the circumstances:

• Church leaders – Those in positions of authority within the church who may be aware of the abuse or failed to take appropriate action.
  
  
• Church staff – Individuals employed by the church who may have known about the abuse and did not intervene.
  
  
• Volunteers – If the abuse occurred in a setting involving volunteers, they may be held accountable if they were aware of the situation or neglected their duty to protect.
  
  
• Church organizations – The church as an entity could be held vicariously liable for the actions of its members, especially if there’s evidence of negligence in preventing or addressing the abuse.

Damages

With liability established and a claim filed, you can move forward with trying to recover damages. This is just a legal term that refers to your injuries and losses that resulted because of the abuse. While damages differ from case to case, you can potentially recover the following in a claim:

• Medical bills and expenses – These are the costs associated with healthcare services and treatments you need due to the abuse. It can include ongoing care.
  
  
• Pain and suffering – These damages relate to the physical pain and emotional trauma you experienced because of the harm.
  
  
• Emotional distress – Damages for the mental and emotional impact the abuse has had on your well-being.
  
  
• Lost income or earning potential – This covers income you couldn’t earn due to your inability to work or any lasting impact on your ability to earn.
  
  
• Loss of companionship – These damages cover the emotional toll if the abuse resulted in a loss or impairment of relationships with loved ones.
  
  
• Loss of enjoyment of life – These damages are for the overall negative impact on your day-to-day life and enjoyment caused by the abuse.
  
  
• Punitive damages – This is extra damages awarded on top of the others if the church’s negligence was exceptionally severe.
  
  

There’s no denying that taking legal action against your abuser and a church is a challenging situation, especially for sexual abuse survivors. Yet, our team will support you at every step, standing by you to protect your rights and make sure that you receive the outcome you deserve.

Should You Hire a Lawyer in a Sexual Abuse Claim Against a California Church?

Combatting sexual abuse in California is challenging due to the stigma surrounding it. Survivors, particularly those that experience abuse at their church, often feel powerless and may not know where to get help. Additionally, many survivors fear retaliation or more harm if they speak up.

Nevertheless, our team is here to offer support and protection throughout the entire process, even though it’s not legally required. Here’s how we can help:

• Investigation – Our team will conduct thorough investigations to gather evidence supporting your claim. This usually involves us interviewing witnesses and reviewing relevant documents and other records of the abuse.
  
  
• Negotiation – In many cases, both sides attempt to negotiate a settlement. This can be a quicker and less adversarial way to resolve the matter, avoiding a lengthy court battle.
  
  
• Court representation – If a settlement isn’t reached, our team will represent you in court. We’ll present your case, cross-examine witnesses, and advocate for your rights during legal proceedings.
  
  
• Emotional support – More than anything else, dealing with a sexual abuse claim can be emotionally challenging. We’re experienced in this field, and always work with sensitivity and provide support, understanding the unique aspects of your case.

Evidence

One of the biggest ways we can help you in a claim is to help you with evidence gathering. This is particularly difficult if the abuse happened in the past, but our commitment to you and your case remains the same. Here’s some of the evidence we can help you gather and present:

• Witness testimony – Others involved in the abuse, and particularly anyone else that has been abused at the church and can corroborate your story is very important to your case. We take the lead in finding and contacting these witnesses.
  
  
• Victim statements – As a survivor of sexual abuse, our lawyers will work closely with you to document your detailed account of the abuse. This may involve multiple interviews to confirm accuracy and completeness of the information provided.
  
  
• Medical records – Your medical records can be crucial in establishing the extent of physical harm or trauma resulting from the abuse. We’ll work with medical professionals to obtain records and expert opinions regarding the impact on your health.
  
  
• Psychological assessments – In cases of sexual abuse, psychological evaluations can provide insight into the emotional and mental impact the abuse has had on you. We can work with mental health professionals to gather assessments and expert opinions.
  
  
• Church records – We’ll request access to church records that could contain information relevant to the case. This might include internal investigations, complaints, or any history of similar incidents involving the accused.
  
  

It’s worth repeating that if you’ve been a victim of sexual abuse itt takes courage to take legal action. That said, with Maison Law by your side, we’re committed to supporting you all the way, providing the assistance and understanding you need to complete your claim.

Experienced California Church Sexual Abuse Lawyers

Sexual abuse is a severe violation of your rights and goes against California laws. When you’re dealing with such a traumatic experience, it’s essential to have a reliable team to support and confide in. At Maison Law, our experienced California church sexual abuse lawyers are here to provide guidance and full support from start to finish.

No one should have to endure sexual abuse, regardless of the situation. If you’ve been sexually abused at your California church or anywhere else, contact us today to set up a free, confidential consultation.