Maison Law stands with survivors of sexual abuse at California detention centers, 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.
Statute of Limitations For Filing a Sexual Abuse Claim in Fresno
When it comes to filing a sexual abuse claim, one of the most important benchmarks is the “statute of limitations.” This is the legal deadline for you to file your claim. Missing it means that you aren’t able to file a lawsuit, and get much-needed legal and financial support for the abuse you suffered. In cases of sexual abuse in California, two key legislative acts set this deadline:
- Assembly Bill 218 (AB 218) – Also known as the Child Victims Act, AB 218 allows survivors to file claims until either they reach the age of 40 or within 5 years of discovering the injury resulting from the abuse. The purpose of this legislation is to give survivors ample time to file a claim.
- Assembly Bill 452 (AB 452) – Known as the Justice For Survivors Act, AB 452 eliminates the statute of limitations for sexual abuse incidents that occur after January 1, 2024. For those inmates at the Fresno Juvenile Justice Center (JJC) that experience sexual abuse after this date, there is no set deadline for filing a claim. It’s important to note that if the abuse occurred before January 1, 2024, the statute of limitations set in AB 218 remains in effect.
Recovering from the impact of sexual abuse, especially as a former inmate at JJC, presents significant hurdles. Nevertheless, it’s crucial to recognize that you have legal rights in California, and you do not have to face these challenges alone. Maison Law and our dedicated team are here to provide the support you need.
Legal Process in a Sexual Abuse Claim
Once you’re able to determine what the statute of limitations is on your claim–if there even is one–the next step is actually putting everything together to file your lawsuit. The legal process is the pathway to access the available financial support under California law. Before you decide to move forward, you should take advantage of our free consultations, where our team can guide you on expectations. After filing your lawsuit, the subsequent steps usually involve:
- Discovery – Formal requests for evidence, documents, and answers to questions, including depositions.
- Mediation – Engaging in settlement discussions, often through mediation overseen by an objective third-party mediator.
- Trial – If the case doesn’t settle, it may proceed to trial. Our team will present your case, evidence, and witnesses, with the jury making a decision and awarding damages. We’ll stand by your interests throughout the entire process.
Liability
Always remember that every case is different. As such, your particular case may proceed all the way to trial or it could settle before that. It just depends on the facts and circumstances. Moreover, a sexual abuse claim requires significant courage and time, facing your abuser and JJC in court potentially. However, it’s important to understand who exactly is liable in these types of cases. Generally speaking, liability falls on anyone that:
- Failed to take reasonable measures to prevent sexual abuse, thereby fostering an environment where such incidents could occur, resulting in harm or injury to you.
So, responsibility could fall on various parties, including:
- The individual who committed the abuse
- Center authorities
- The county government overseeing the Center
- Staff employed at the Center
- Contractors working within the Center
Damages Available in a Sexual Abuse Claim
Ultimately, the purpose of taking legal action for the sexual abuse you suffered is to recover certain “damages.” This is a legal term for the injuries and losses stemming from the abuse. In a successful claim, you can potentially recover things like:
- Medical expenses – These are meant to cover actual medical treatment, ongoing care, and therapy needed due to the abuse.
- Mental anguish – These cover expenses related to therapy and care for psychological trauma.
- Emotional distress – These are meant to address emotional distress and associated costs arising from the abuse.
- Pain and suffering – These damages take into account both physical pain and mental suffering resulting from the abuse.
- Loss of companionship or enjoyment of life – These target the impact on relationships and your overall quality of life.
- Punitive damages – In some cases, you may be able to get additional awards that are meant to penalize the involved institution for gross or negligent care, serving as a deterrent against future misconduct.
Again, it’s difficult to overstate how courageous it is to seek justice for sexual abuse. Even with the support of the law, facing your perpetrator and JJC in the legal process may seem overwhelming. However, our team is here to provide strong assistance throughout this difficult process.
Dedicated Support From Maison Law
At Maison Law, our team is ready to stand with you and other survivors of sexual abuse at the Fresno Juvenile Justice Center. If you suffered abuse while detained there or know someone that is currently experiencing abuse, don’t wait to contact us today to set up a free consultation to learn more about how we can help.
