Maison Law represents the victims of sexual assaults, rape, and other traumas that occur at California universities and colleges. Our personal injury lawyers demand compensation for injured victims when the leaders of colleges, fraternities, and sororities are negligent in their duty to keep students, members, and guests safe from harm. We provide a free, no-obligation consultation for all victims and their families. Contact us to set up a confidential case review.
Do I Need a Lawyer After Being Sexually Assaulted on a California Campus?
Sexual assault victims must receive the care they need and the support necessary to rebuild their lives after a traumatic incident. If you were physically or sexually assaulted due to the negligence of a university or a fraternal organization, you should speak to a lawyer about your case.
California laws empower the victims of physical and emotional trauma to seek justice, but holding a public institution liable for their mistakes can be complex and frustrating.
Fraternities and sororities are often run by large organizations or even corporations that can afford teams of lawyers. In some cases, your claim may involve the college itself, which will also be protected by attorneys and perhaps even state laws. These entities will be trying to discredit your story.
Your lawyer is a safeguard against this unfair treatment. Your lawyer fully investigates your case and then demands the maximum in compensation for you and your family so you can start to heal.
What Happens After a Sexual Assault on a California College Campus?
Victims of sexual assault or rape on a California campus must contact the police immediately. Medical care and victim support should be administered at once. An investigation should start and abusers should face criminal charges.
A conviction of sexual assault or rape can lead to fines, prison time, and the perpetrator being placed on the national sex offenders registry.
But that’s only a part of the story. No amount of money can erase the physical and emotional damage a sexual assault causes, but victims should seek justice and support to have the best chance to move on with their lives.
Victims who have been devastated by a heartbreaking violation of trust have the right to file a civil claim that’s handled separately from any criminal prosecution. The civil claim or lawsuit (if a settlement isn’t reached) is aimed at any educational institution or Greek organization that may have contributed to the environment that allowed rape to occur.
A civil claim could be filed at any time, no matter if someone has been charged or a criminal trial has started. The support a victim earns does not hinge on the fate of the guilty party.
The California State University System, a private college, or a fraternity might be liable for the damaging effects of an assault if they contributed to a crime in these and other ways:
- Failure to provide a secure environment for guests, students, faculty, and pledges.
- Failure to take action if Greek organizations or student groups are accused of permitting activity that can lead to sexual assault.
- Failure to act on reports that a student, faculty, or staff member has threatened assault or had committed assault
- Failure in background checks and admitting a student or employee with a history of sexual assault.
A California College Campus Rape Lawyer would fully investigate a sexual assault case and gather evidence to make sure a California university or college could not escape liability. Expert witnesses and police evidence would be presented to force public institutions to accept blame and support victims.
We stand up for sex assault victims at all educational institutions in California. We have information on the sites below about specific universities and colleges:
University of California Sexual Assault Lawyer
California State University Sexual Assault Lawyer
Fresno State Sexual Assault Lawyer
CSU Bakersfield Sexual Assault Lawyer
Reedley College Sexual Assault Lawyer
Cal State Stanislaus Sexual Assault Lawyer
UC Davis Sexual Assault Lawyer
Cal Poly Sexual Assault Lawyer
For more on what to do if you are injured or harmed by the actions of a fraternity or sorority please visit our page on how California Fraternity Injury Lawyers can help.
What’s the Difference Between Sexual Assault and Rape Under California Law?
Under California law, there is a distinction between sexual assault and rape. The difference usually involves the act of sexual intercourse.
The California penal code defines sexual assault as the forced touching of an intimate part.
California Code, Penal Code – PEN § 243.4
“(a) Any person who touches an intimate part of another person while that person is unlawfully restrained by the accused or an accomplice, and if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of sexual battery…”
Rape is classified under sexual assault and would be charged if an assault included the act of sexual intercourse when the victim does not give legal consent. There are many situations listed in the penal code that would constitute a lack of legal consent, such as being mentally incapable of giving consent. The law details these other factors that could lead to rape charges:
California Code, Penal Code – PEN § 261.
“(2) If it is accomplished against a person’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another.
(3) If a person is prevented from resisting by an intoxicating or anesthetic substance, or a controlled substance, and this condition was known, or reasonably should have been known by the accused.”
These circumstances and others could certainly apply to a frat or sorority party, a school function or trip, or a dorm room gathering.
A skilled Maison Law representative can compassionately represent victims and their families and make sure schools can’t hide the truth.
In fact, in 2024, a new California law went into effect that makes it harder for universities to cover up their failure to protect students from sexual assault. Best Colleges reports that Senate Bill (SB) 808 requires schools in the California State University system to present detailed annual reports on sexual harassment investigations and complaints. The reports must be posted on the schools’ websites and update the number of cases, the results of investigations, and the outcome of hearings.
What Type of Support Can College Sexual Assault Victims Receive?
Victims could hold a California university, college, or school fully liable for a sexual assault. There are other damages associated with such a tragedy that could also be the responsibility of the university system.
- The physical and emotional consequences of a sexual assault and rape
- Emotional trauma involving humiliation and embarrassment
- Suicidal thoughts
- Violation of privacy
- PTSD symptoms
In a civil claim or lawsuit, Maison Law would be holding a school liable for the physical, emotional, and financial damages the victims of sexual assault can be exposed to.
These and other factors should all help determine the size of settlement support your lawyer will demand on your behalf:
- The costs of current medical treatment and any care expected to be necessary in the future.
- Costs for trauma therapy now and in the future.
- Costs relating to the pain experienced as a consequence of the assault.
- Support for emotional distress a frightening attack causes.
- Potential future income loss if permanently disabled and unable to work.
- Setbacks to the educational progress of a student. Perhaps money for a victimized student to enroll at another college.
Frequently Asked Questions:
Will I have to wait on a criminal trial to file a rape injury claim against a university?
No. Victims file a civil claim after an incident results in an injury or death. Any criminal charges filed over what happened would be settled separately. Victims and their families can file a civil lawsuit whenever they are ready.
How Long Do I Have to File a Sex Assault Claim in California?
Victims generally have up to 10 years after the assault occurred to file a civil claim. Additionally, victims who didn’t find out immediately that they were victimized would have three years from the date they found out.
What if I can’t afford to pay a lawyer to handle my campus sex assault case?
You won’t need any upfront money to hire Maison Law. Our lawyers don’t get paid unless they win your case for you and your family. Then our fee comes out of the settlement or judgment your family is awarded.
Contact a College Campus Sexual Assault Lawyer
The victims of college sexual assaults can feel shame and doubt about filing a claim and seeking recovery help.
Maison Law aggressively protects victims and loved ones at such a vulnerable time. We want to handle the frustrating negotiations with cold, faceless state universities. Our California Campus Sexual Assault Attorneys will be fighting for justice while victims are allowed to focus on healing.
Maison Law offers a free and confidential case consultation to all victims who suffer harm on campus, off campus, or at a Greek house. Contact us today and let us answer your questions and go over the best options for holding a school responsible after a tragic lapse in their duty to protect.
