Sexual assault, rape, and sexual abuse are unfortunately all too common occurrences in our society, and Silicon Valley is no exception. While criminal cases may be brought against perpetrators of these heinous acts, victims also need to seek justice in civil courts. This is where a sexual assault attorney comes… CONTINUE
Litigating Civil Sexual Assault Cases
While sexual assault is a heinous crime that carries with it severe criminal penalties, it is also possible for a victim of sexual assault to file a civil lawsuit against the perpetrator. However, such a lawsuit, since it does not involve auto, workers’ compensation, or other insurance, means that any… CONTINUE
How to File a Lawsuit For Rape
The crime of rape is a crime that can change the life of the victim forever. The victim may suffer from nightmares, may fear going out, or may exhibit many other symptoms of post-traumatic stress disorder, or PTSD, that she or he will struggle with for years to come. Therapy… CONTINUE
Domestic and Sexual Violence Resources
National Sexual Violence Resource Center End Violence Against Women International National Crime Victim Bar Association National Alliance of Victims’ Rights Attorneys & Advocates
How does a victim of domestic violence communicate private, possibly embarrassing experiences and events to her lawyer?
This is where the attorney-client relationship is absolutely critical. I spend as much time as I can with my clients discussing the domestic violence incident itself, but also all of the dynamics surrounding the incident and her relationship with the perpetrator. If a person does not feel entirely comfortable speaking… CONTINUE
Sources of Evidence in a Domestic Violence or Sexual Assault Case
My sources of evidence in a domestic violence cases include police investigation materials, prior convictions of the perpetrator, medical records, psychotherapy records, photographs, eye witnesses, and even the defendant’s friends, relatives, children, and prior victims. I look for prior lawsuits, restraining orders involving the perpetrator, witnesses in the perpetrator’s workplace,… CONTINUE
The domestic violence victim’s right to the police report
California Family Code Section 6228* entitles the domestic violence victim to the police report. She should always ask for one and seek a confidential consultation with a civil attorney who handles civil domestic violence cases. California Family Code Section 6228 (a) State and local law enforcement agencies shall provide, without charging… CONTINUE
Developing evidence in a sexual assault or domestic violence case
We use discovery techniques including interrogatories, requests for admissions, demands for production of documents, and depositions regarding a sexual assault. All of these techniques of discovery are meant to obtain strong evidence from the defense under oath. Preparing for the victim’s deposition The victims can be deposed for up to… CONTINUE
When is the best time to file a domestic violence civil lawsuit? What is the statute of limitations?
Domestic violence civil lawsuit under the California Code of Civil Procedure, Section 340.15, must be filed within 3 years of the most recent incident of domestic violence. 3 years is more generous than the time one has to file an ordinary personal injury case such as a case arising out… CONTINUE
Economic Damages and Non-economic Damages
Economic Damages are damages to one’s pocketbook, and non-economic damages are damages to one’s heart and psyche. Economic damages are items such as the cost of medical care, medication, physical therapy, psychotherapy, lost income, lost earning capacity, and loss of household services. Non-economic damages are intangible items such as sadness,… CONTINUE