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California University Sexual Assault Laws

Maison Law helps survivors of sexual assault at California universities and colleges. Because it’s such a pervasive problem on most campuses, sexual assault and violence are heavily punished and have extensive resources when it comes to legal protections for survivors. If you’d like to learn more about your legal options if you’ve been sexually assaulted at a California university or college, contact us today for a free, private consultation.

Do You Need a Lawyer?

Sexual assault is different from other injuries, despite being treated similarly in legal terms. It entails a deeply traumatic and painful experience, sometimes making it hard to comprehend what exactly occurred. However, if you are a victim of sexual assault at your California university, you have specific legal options, and having a lawyer can significantly ease the process.

At Maison Law, we pride ourselves on our approach to these cases and our ability to provide both legal and emotional support to our clients. We make sure your school is held accountable by:

  • Explaining your rights and options
  • Identifying those responsible
  • Assisting in gathering evidence and details
  • Negotiating with insurance companies and defense attorneys

 

Our goal is to simplify the legal process for you and offer the support you deserve. No one should endure sexual assault, especially in an educational setting. We can help and we’ll make sure you have what you need to see your claim through.

What Are the Sexual Assault Laws at California Universities?

When it comes to sexual assault on a college campus in California, it’s important to understand that there’s not only criminal penalties, but civil ones as well. The violent nature of these incidents usually means that most of the attention and resources are geared toward criminal charges, yet for survivors, the ability to file a civil claim can give them the financial support they need to move forward while also holding those responsible accountable.

Here’s a quick overview of the main laws in place for sexual assault on college campuses in California:

  • Title IX of the Education Amendments of 1972 – Commonly known as Title IX, this is a federal law that clearly includes sexual harassment and sexual violence as forms of sex discrimination. This means that universities in California are legally required to address and prevent sexual assault on their campuses.

  • The Clery Act – The Clery Act says that all colleges have to report campus crime statistics, give warnings about threats, and include their sexual assault policies in annual security reports. This makes sure there’s transparency about sexual assaults, raises awareness of the issue, and provides support and resources to survivors.

  • The Campus SaVE Act – The Campus SaVE Act is an expansion to the Clery Act to cover dating violence, domestic violence, and stalking.

  • California Penal Code, Section 243.4 – This is a state law that defines “sexual battery” as any “non-consensual intimate touching for sexual reasons” and sets penalties like jail time and fines. It helps prosecute sexual battery and emphasizes its seriousness.

  • California Penal Code, Section 261 – Section 261 of the state penal code defines rape as “non-consensual sex through force or fear,” making it a serious crime with heavy penalties. It provides a clear legal basis for prosecuting rape.

  • California Penal Code, Section 11160 – This part of the state penal code puts in place “mandatory reporting” of any sexual violence or assault by healthcare professionals. This is to make sure that incidents are investigated even if victims don’t report them. It also helps provide timely care and involve the right authorities.

  • California Education Code, Section 67385 – This state law requires universities to have written procedures for handling sexual assault, ensuring victims get proper treatment and information. Schools must also provide details about available support services.

  • SB 967 – Also known as the “Yes Means Yes” bill, this is a state law that requires all California colleges to have certain policies and procedures in place to address sexual violence, including defining consent and having “preponderance of evidence” standards.

College should be a time of exploration and excitement, but it can also expose students to the risk of sexual assault. Sexual assaults are traumatic, and dealing with the aftermath can be overwhelming.

As laws on this issue are passed or updated, check back to this page for updates.

Contact Maison Law After a Sexual Assault at a California College Campus

At Maison Law, we are dedicated to helping sexual assault victims at any California college or university. We provide personalized, respectful, and caring support to each client. No one should endure sexual assault, and we are committed to holding those responsible accountable. Contact us for a free consultation to learn about your options.