Maison Law helps survivors of sexual assaults, abuse, rape, and other traumas at California universities and colleges. While we can’t undo the harm done to you or your loved one, we can help them take all the available legal options there are. To learn more, contact us today for a free consultation.
Do You Need a Lawyer?
Whether you’re a student or a visitor at UC Davis, you may unfortunately find yourself in a situation involving sexual assault. Despite efforts to increase awareness, incidents of this nature remain prevalent in campus environments.
If you’re wondering whether you need a lawyer, the answer depends on your circumstances. Sexual assaults are profoundly traumatic and trying to work through the details can be challenging. This is where having an experienced legal team becomes crucial–to guide you through the process and ease your burden.
Our approach to these cases is full-service. We can:
- Explain your rights and options
- Figure out who’s liable for the incident
- Help you gather evidence and information
- Negotiate with insurance companies and defense lawyers
- Make the legal process easier
What Do You Need to Do After a Sexual Assault at UC Davis?
It’s extremely harsh to have to think about finding yourself or your child in a situation where there’s a sexual assault. Sexual assault is a serious issue in colleges across California, often shrouded in stigma that makes it challenging for survivors to seek help. Many feel powerless or unsure where to turn, even in cases where there’s resources like at UC Davis. Worse, fear of retaliation further complicates the decision to come forward. However, there are concrete steps that you can take to protect yourself and your legal rights:
- Document the assault – One of the first things you should do is try to document the assault. This includes taking pictures of any injuries and keeping a journal of what you remember about the incident, including any details about the perpetrator.
- Seek medical care – The most important thing is your physical health. Get medical attention immediately. This not only provides necessary treatment for any injuries but also creates medical and forensic evidence of the assault.
- Report the assault to school administration – It can be difficult, but it’s crucial to report any incidents to the proper authorities as soon as possible. You’ll want to contact UC Davis’ CARE Unit. They’ll point you in the right direction of letting the school administration know what happened. You can also report the assault to the police, sheriff’s department, or the California Department of Justice’s Sexual Assault Unit.
- Talk to someone – The psychological effects of assault abuse can be long-lasting. It’s important to seek counseling or therapy to help process your emotions and cope with the trauma.
- Consider support groups – Numerous support groups and advocacy organizations in California offer emotional support, resources, and information for survivors of sexual assault.
Obviously, these steps can build a foundation for your potential legal case. But more importantly, they’ll get you to safety and take care of any medical issues that come up because of the assault. That said, the legal process itself isn’t easy in sexual assault cases.
What’s the Legal Process Like After a Sexual Assault at UC Davis?
Legally speaking, there’s two ways to look at the legal process when you’ve been sexually assaulted at UC Davis. First and foremost, you’re the victim of a crime. As such, the police will need to be involved and investigate to press criminal charges. At the same time, you’re also an injury victim. This gives you the legal right to file a civil claim for damages. This is a vital step for recovering physically, financially, and even mentally from what happened.
Generally speaking, you can either:
- File an insurance claim (if you know the perpetrator and have their insurance information)
- File a personal injury lawsuit
The insurance company may offer a settlement, which, if accepted, would eliminate the need for a lawsuit. They will conduct an investigation by collecting statements and evidence, similar to the discovery process in a lawsuit, where both parties exchange evidence and documents. As this phase wraps up, both sides typically negotiate for a settlement, and sometimes a court-mandated mediation session is held to try to resolve the case.
If no settlement is reached, the case proceeds to trial, where a judge and jury determine the outcome–which will be to award you certain “damages” related to your injuries and other losses. Usually, this includes things like:
- Medical expenses
- Property damage
- Pain and suffering
- Emotional distress
- Loss of companionship or enjoyment of life
- Punitive damages
Statute of Limitations
Sexual assault cases carry both criminal charges and civil liability, allowing survivors to seek justice for what happened to them. But also, like any civil claim, there’s a deadline for when you can file an injury claim for the assault itself:
- Assaults after January 1, 2019 – Victims have ten years from the date of the incident to file a lawsuit.
- Assaults between January 1, 2009, and January 1, 2019 – Thanks to AB 2777, victims have a three-year “lookback” window, extending the deadline to file a lawsuit until December 31, 2026.
Even with this extra time to file, it’s important to act quickly to be able to tie the assault to your injuries and other damages for your civil claim. However, it’s also vital that you figure out who’s responsible.
Who’s Liable When There’s a Sexual Assault at UC Davis?
Being part of the University of California school system means that UC Davis is effectively a state institution. This means that when there’s a sexual assault there, the State of California is going to be involved. This doesn’t exclude them from sharing some of the liability, but most of it is going to fall on the actual perpetrator, since they intentionally hurt you.
That said, when it’s in an environment like UC Davis, there’s other parties that can share some of the liability, like:
- University administration and officials – They could be liable if they didn’t provide a safe environment or mishandled previous reports of misconduct.
- Campus security – They can be responsible if they didn’t adequately protect students or respond properly to incidents.
- Staff or faculty -They may be liable if they knew about risks or previous incidents and did nothing, or if they were directly involved in the assault.
- Third party contractors – They can be liable if their employees were involved or if they contributed to an unsafe environment.
Regardless of who all is responsible, a sexual assault is an incredible betrayal of your personal rights and physical space. Moreover, filing a claim and facing those responsible in court can be scary, even with legal protection and our team’s support. However, it’s the best way to hold them accountable under California law.
Contact Maison Law After a Sexual Assault at UC Davis
At Maison Law, we work tirelessly to help sexual assault victims on California colleges and universities like UC Davis. We take pride in our ability to give clients personalized, respectful, and caring support for their unique situation.
No one should experience a sexual assault and its related injuries. If you or someone you know has, we are committed to holding those responsible accountable. Contact us for a free consultation to learn about your options.
