Sexual harassment and sexual assault can cause a victim an undeniable amount of physical, mental, and emotional distress. Many victims of sexual harassment and sexual assault might not want to come forward to accuse their attackers in fear that he or she might inflict more harm on the victim. Sexual harassment and sexual assault should not go unreported. Many victims will consider taking legal action against their attacker after overcoming the original shock of being harassed or assaulted. It is important for victims to be aware of the statutes of limitations and specific guidelines that must be followed to proceed legally. Consult with an experienced attorney at the top-rated Normandie Law Firm for more information.
California Statute of Limitations
Statutes of limitations are designed to protect defendants against being sued for incidents that might have happened too long ago. Why would protecting a defendant matter? Most importantly, the longer the plaintiff waits to officially sue the defendant, the more likely it is that the defendant lost any evidence relevant for disproving the claim. Additionally, a statute of limitations ensures that people take legal action promptly after any incidents.
In general, the statute of limitations is two years—two years after the date of injury or two years after the discovery or injury. The exact time deadline applied to your case will vary. The statute of limitations applied to cases depends solely on the cause of action. A cause of action is any reason to pursue legal action like fraud, medical malpractice, or false imprisonment.
Once the statute of limitations is over, you will no longer be able to file a lawsuit. However, there are a few exceptions to the statute of limitations. Depending on the situation, a statute of limitations can be paused for a certain amount of time. Below are some of these exceptions:
- Defendant was out of state—if the defendant was out of state for any amount of time within the original boundaries of the statute of limitations, the total time that he or she was out of state will be added to extend the statute of limitations.
- Victim was a minor—if the plaintiff was a minor at the time of the incident, the statute of limitations does not start running until the victim turns 18-years-old, or is legally emancipated. It is possible to file a lawsuit on behalf of a minor; however, if legal action is not taken earlier, the victim can pursue his or her own legal action.
- Victim was mentally incompetent—if the plaintiff was mentally incompetent at the time of the incident, the statute of limitations is paused for as long as the mental incompetence continues.
- Plaintiff was imprisoned—an imprisoned plaintiff leads to the statute of limitations becoming paused for two years or until release from prison, whichever comes first.
- Plaintiff or defendant died—if the plaintiff dies within the statute of limitation boundaries, the claim can be submitted anytime within the original deadline, or within six months of the plaintiff’s death. If the defendant dies before the statute of limitations has ended, the claim must be submitted within one year of the defendant’s death.
These exceptions apply to all causes of action. If you are curious if your case is eligible for an exception to the statute of limitations, reach out to an accomplished lawyer experienced in sexual assault cases.
Statute of Limitations for Sexual Assault and Sexual Harassment
You might be asking yourself the following questions:
- How much time do I have to sue my employer for sexual assault in California?
- How long do I have to sue my boss for sexual harassment?
Before addressing the given deadlines for sexual assault and sexual harassment, it is important to know the difference between the two. Sexual assault is any sexual contact that occurs without consent. Sexual assault consists of rape, attempted rape, forcible sodomy, and any other unwanted touching. Sexual assault can happen anywhere. On the contrary, sexual harassment is a term used to refer to sexual misconduct that occurs in the workplace. Sexual harassment at the workplace is a form of discrimination based on sex. Harassment might include inappropriate and unwanted touching, sexual comments, and sexual gestures.
In California, the statute of limitations for sexual assault has recently undergone change. Previous law stated two specific time frames. If the sexual offense was committed against the minor, the victim could come forward and seek legal action at any time before the age of 28. For rape, victims could come forward and seek legal action within ten years of the incident. New California law has altered these time frames. Victims of sexual assault can now proceed legally against their attackers at any time.
Workplace sexual assault is included in this updated non-existent statute of limitations. That is, there is no time deadline to file a sexual assault lawsuit against your workplace manager if he or she sexually assaulted you. The statute of limitations in California to sue your job for rape allows you to come forward whenever you feel mentally and emotionally ready to face your attacker. If you experienced sexual assault at the workplace, you must contact a sexual assault lawyer in Los Angeles and begin the process towards filing a sexual assault and battery lawsuit against your boss.
If you experienced sexual harassment at your job, you would have to approach legal action differently. As previously mentioned, sexual harassment is a form of discrimination based on sex. Sexual harassment is any unwelcome sexual advances or conduct that creates an intimidating, hostile, or offensive work environment. There are two types of sexual harassment: quid pro quo and hostile work environment. Under quid pro quo sexual harassment, a person with authority demands the victim to continue to allow the sexual harassment in exchange for maintaining their job, benefits, promotions, and raises. When this harassment continues for long periods of time, it might become severe enough to create an abusive and offensive work environment. When this happens, the harassment has escalated to become a hostile work environment.
So, what can you do legally to end the harassment? What is the statute of limitations to sue your employer for sexual harassment? With workplace sexual harassment, you must submit a claim to a federal agency before you can sue. The Equal Employment Opportunity Commission (EEOC) is a federal agency responsible for handling claims against discrimination in the workplace. You must file a complaint with the EEOC within 180 days of the harassment. After EEOC investigation of your claim, you will be able to file a lawsuit. If you choose to file directly with the state of California, you must file a claim with the California Department of Fair Employment and Housing within one year of the incident.
No matter what the situation, you should seek the assistance of a skilled attorney with expertise in sexual assault injury lawsuits. Moving forward without an expert attorney can be difficult, and we recommend using qualified legal assistance wherever possible.
Normandie Law Firm
Normandie Law Firm understands the physical, emotional, and mental trauma that victims of sexual assault and sexual harassment deal with on a daily basis. Many victims of sexual assault and sexual harassment do not speak up because of the fear that their attacker will continue to hurt them. You are not alone in this. Our top attorneys with experience in sexual assault cases have dealt with many instances regarding sexual assault and harassment. We understand what you are going through and want you to take legal action. Therefore, it is important for you to be aware of the California statute of limitations for sexual harassment—or sexual assault—lawsuit against an employer. You must contact an attorney with experience handling sexual assault claims to sue your employer as soon as possible.
FREE LEGAL CONSULTATION: Normandie Law Firm is a personal injury law firm with expertise in handling sexual assault and sexual harassment cases in the workplace. Our law firm offers our clients free consultations. You can speak to a Los Angeles attorney who has experience in handling sexual assault and sexual harassment cases at no charge to you. We also offer free second opinions. If you feel like your current attorney is not handling your case properly, we can reevaluate your case. An incompetent lawyer can negatively affect the outcome of a case.
Normandie Law Firm is proud to offer clients a Zero-Fee guarantee. This guarantee includes our free consultations and our free second opinions. You will never have to worry about paying any upfront fees. Additionally, since our law firm is strictly based on contingency, you will not have to pay anything until our lawyers win your case. Contact our experienced lawyers today for more information.
