Thirty Years of Prosecutorial Experience. A Powerful Voice for Sexual Assault Survivors.

Sexual assault can leave lasting consequences that extend far beyond the criminal justice system. Survivors may face physical injuries, emotional trauma, financial losses, disruptions to their careers or education, and the difficult task of rebuilding their lives. When an institution ignored warning signs, failed to protect vulnerable individuals, or enabled misconduct, the harm may be compounded by a profound loss of trust.

California law provides survivors with avenues to pursue accountability through civil litigation, regardless of whether criminal charges have been filed. In appropriate circumstances, survivors may bring claims not only against the individual responsible for the assault but also against schools, employers, organizations, and other institutions whose wrongful conduct contributed to the harm.

At Wingert Grebing Brubaker & Walshok LLP, attorney Mark A. Amador represents sexual assault survivors throughout California, drawing on approximately three decades of prosecutorial experience and extensive trial experience to protect victims’ rights, investigate wrongdoing, and pursue civil accountability.

Understanding the Difference Between Criminal Prosecution and a Civil Sexual Assault Lawsuit

Sexual assault may give rise to two distinct legal proceedings: a criminal prosecution and a civil lawsuit.

A criminal prosecution is brought by the government to determine whether the accused committed a criminal offense. The prosecutor represents the People of the State of California, not the individual victim. Although victims possess important constitutional and statutory rights, they do not control the prosecution or decide whether criminal charges will be filed.

A civil lawsuit serves a different purpose. It allows an injured person to seek compensation and other available remedies from those legally responsible for the harm.

Importantly, a survivor does not necessarily need a criminal conviction or even criminal charges to pursue a civil sexual assault claim. Civil and criminal proceedings involve different parties, legal standards, and remedies.

For survivors who believe the criminal justice system has not adequately addressed their experiences, civil litigation may provide an independent opportunity to seek accountability.

Who Can Be Held Liable in a California Sexual Assault Civil Lawsuit?

Civil liability is not necessarily limited to the individual who committed the assault.

Depending on the facts, a civil lawsuit may involve claims against individuals or institutions whose negligence, misconduct, or failure to fulfill a legal duty contributed to the abuse.

Potential defendants may include:

• Individual perpetrators: A person who commits sexual assault may face civil liability for the injuries and damages resulting from the conduct.
• Schools and educational institutions: Schools may face liability when their own wrongful conduct, inadequate safeguards, or failure to respond appropriately to known risks contributes to sexual abuse.
• Employers and businesses: An employer’s negligent hiring, retention, supervision, or other actionable conduct may provide a basis for liability in appropriate circumstances.
• Religious and youth organizations: Organizations responsible for supervising employees, volunteers, or other individuals may face claims when their wrongful conduct contributes to abuse.
• Hotels, apartment complexes, and property operators: Depending on the circumstances, property owners or operators may face premises liability claims involving foreseeable criminal misconduct and inadequate security.
• Public agencies and officials: Sexual misconduct involving government personnel may implicate additional statutory or constitutional protections, subject to the requirements and defenses governing public-entity litigation.

The existence of an institutional relationship does not automatically establish liability. Each case requires a careful evaluation of the defendant’s legal duties, knowledge, conduct, causation, and the available evidence.

When Institutions Fail to Protect Sexual Assault Victims

Some sexual assault cases raise questions extending beyond the conduct of an individual perpetrator.

An institution may have received earlier complaints, ignored credible warnings, failed to implement reasonable safeguards, or inadequately investigated allegations of misconduct. In other circumstances, individuals in positions of authority may have discouraged reporting, concealed relevant information, or retaliated against those who raised concerns.

These circumstances warrant careful legal investigation.

An effective civil case may require examining internal correspondence, prior complaints, personnel records, institutional policies, witness testimony, and the sequence of decisions that preceded or followed the assault.

The central questions are whether the institution owed a legally enforceable duty, whether its conduct violated that duty or another applicable legal obligation, and whether that conduct caused or contributed to the survivor’s injuries.

Holding an institution accountable requires more than identifying an unfortunate outcome. It requires developing evidence that establishes the elements of a recognized legal claim.

What Compensation Can Sexual Assault Survivors Recover?

The consequences of sexual assault are not always immediately apparent, and they cannot always be measured through medical bills or lost wages alone.

Depending on the applicable claims and supporting evidence, a survivor may seek compensation for:

• Medical treatment, counseling, and psychological care.
• Past and future mental health treatment expenses.
• Lost income and diminished earning capacity.
• Physical pain, emotional distress, and psychological suffering.
• Other economic and noneconomic losses caused by the assault.
• Punitive damages or other statutory remedies when legally authorized.

California Civil Code section 52.4 also provides a civil cause of action for qualifying gender violence, with remedies that may include compensatory damages, punitive damages, injunctive relief, and, for a prevailing plaintiff, attorney’s fees and costs.

The remedies available in any particular case depend on the underlying causes of action, the parties involved, and the evidence establishing the survivor’s injuries.

How Long Do Sexual Assault Survivors Have to File a Civil Lawsuit in California?

California has enacted specific statutes of limitations governing civil claims arising from sexual assault.

For qualifying sexual assaults occurring when the survivor was an adult, Code of Civil Procedure section 340.16 generally provides a filing period measured by the later of ten years after the assault or three years after the survivor discovered, or reasonably should have discovered, that an injury or illness resulted from the assault.

Claims arising from childhood sexual assault are governed by different provisions. Code of Civil Procedure section 340.1 addresses qualifying assaults occurring on or after January 1, 2024, while section 340.11 governs certain claims arising from earlier conduct.

These statutes contain important qualifications, and other claims may have different deadlines. Special rules, procedural requirements, and defenses may also apply, particularly where public entities are involved.

Because the date of the conduct, the nature of the claim, and the identity of the defendant can affect the filing deadline, survivors should seek individualized legal advice rather than assume a particular limitations period applies.

Protecting Survivors’ Rights Under California’s Marsy’s Law

For survivors involved in criminal proceedings, California’s Marsy’s Law provides constitutional protections under article I, section 28 of the California Constitution.

These rights include protections relating to fair treatment, dignity, privacy, safety, notice of certain proceedings, and opportunities to be heard at specified stages of the criminal justice process.

However, Marsy’s Law advocacy and civil litigation are distinct forms of representation.

Marsy’s Law concerns the rights of qualifying crime victims within the criminal justice system. A civil sexual assault lawsuit seeks relief through a separate legal proceeding.

When both proceedings arise from the same events, coordinated legal representation can help survivors understand how criminal-case developments, privacy considerations, evidence, and civil litigation strategy may affect one another.

Mark A. Amador: Prosecutorial Experience and Civil Advocacy for Sexual Assault Survivors

For approximately three decades, Mark A. Amador served as a prosecutor with the San Diego County District Attorney’s Office, developing extensive experience in criminal investigations, trial preparation, courtroom advocacy, and the presentation of complex evidence.

His prosecutorial career included more than 100 trials, leadership responsibilities within the District Attorney’s Office, and recognition for his contributions to the administration of justice.

Today, as a partner at Wingert Grebing Brubaker & Walshok LLP, Mark brings that experience to the representation of crime victims and sexual assault survivors.

His approach combines an understanding of criminal investigations and victims’ rights with the preparation and strategic evaluation necessary for civil litigation.

Mark works to identify the responsible parties, evaluate the available evidence, protect his clients’ legal interests, and pursue appropriate remedies against perpetrators and institutions whose actionable conduct contributed to the harm.

His representation emphasizes discretion, preparation, and respect for each client’s circumstances and decisions.

Speak With a California Sexual Assault Victim Attorney

Survivors of sexual assault deserve to understand their legal rights and the options available to them.

Whether an assault resulted in criminal charges, an investigation remains pending, or no prosecution occurred, civil remedies may still be available. When schools, employers, organizations, or other institutions contributed to the harm through legally actionable conduct, additional claims may warrant investigation.

Mark A. Amador and Wingert Grebing Brubaker & Walshok LLP represent sexual assault survivors throughout California.

To discuss your circumstances and available legal options, contact the firm to request a confidential consultation.

Wingert Grebing Brubaker & Walshok LLP
1230 Columbia Street, Suite 400
San Diego, California 92101
Telephone: (619) 232-8151
Website: www.wingertlaw.com

This article provides general legal information and does not constitute legal advice. The availability of civil claims, applicable filing deadlines, and potential remedies depend on the particular facts and governing law.