If you were a victim of sexual harassment or sexual assault in a motel or a hotel, you might be asking yourself the following questions:
- How much time do I have to sue a hotel for sexual assault?
- How long do I have to sue a hotel for sexual harassment?
- What is the time deadline to file a sexual assault lawsuit against a motel?
- What is the statute of limitations in California to sue a hotel for rape?
Before addressing these questions, we must discuss the concept of the statute of limitations. For more information, consult with an experienced attorney at the top-rated Normandie Law Firm.
California Statute of Limitations
What is a statute of limitations? A statute of limitations is a time limit put in place to file lawsuits. Why would lawsuits need to be filed within a certain time limit? In essence, statutes of limitations aim to protect defendants against claims that have been sitting idle too long. The longer the plaintiff waits to file a lawsuit, the more likely it becomes that the defendant has lost any evidence disproving the plaintiff’s claims. Statutes of limitations ensure that the courts can promptly deal with claims. Additionally, it ensures that plaintiffs file lawsuits as fast as possible.
The statute of limitations varies depending on the case’s cause of action. A cause of action is the legal reason behind a lawsuit. A few causes of action are fraud, negligence, medical malpractice, false imprisonment, assault and battery, and wrongful death. There are a few exceptions to the statute of limitation; some of these exceptions are reproduced below:
- Plaintiff was a minor at the time of the incident—if the plaintiff was a minor when the incident occurred, the statute of limitations will not start counting until the plaintiff has turned 18-years-old or has been legally emancipated. It is possible to file a lawsuit on behalf of a minor; however, if a parent or legal guardian fails to file suit, the plaintiff can still exercise his or her legal rights as soon as he or she is of age.
- Defendant has left the state—if the defendant has left the state at any time during the statute of limitations, that time will be added to the end of the statute. For example, if the defendant was out on vacation for three months, the statute of limitations will be extended by three months.
- Plaintiff or defendant is dead—if the plaintiff dies before the statute of limitations is over, the claim can be filed either within the boundaries of the original statute of limitations or six months of the plaintiff’s death. If the defendant dies at any point before the statute of limitation is over, the statute of limitations is no longer valid, and the claim must be filed within one year after the defendant’s death.
- Plaintiff was mentally incompetent at the time of the incident—if the plaintiff was mentally incompetent at the time of the incident, the statute of limitations in paused for as long as the incompetence continues.
These are just a few of the many exceptions to statutes of limitations. A consultation with an expert attorney who has experience in sexual assault cases will reveal the rest of the exceptions to the statute of limitations.
California Statute of Limitations for Sexual Harassment and Sexual Assault
Unfortunately, sexual harassment is not taken as seriously as sexual assault. In the next section, you can find some of your options if you have been the victim of sexual harassment in a motel or hotel. In essence, the statute of limitations to sue a hotel for sexual harassment will depend on the means you choose to pursue the claim.
In California, the statute of limitations for sexual assault was recently changed. Before, victims of sexual assault—rape, specifically, had a total of ten years to bring allegations forward and file a lawsuit. Underage victims of sexual assault had until the age of 28 to make any claims. Because of the seriousness of sexual assault and the mental and emotional trauma left in victims, the statute of limitations for sexual assault has been eliminated. If you were the victim of sexual assault by a hotel employee or suffered a sexual assault at a hotel, you can file a claim against the party responsible for your attack at any time. Contact a qualified attorney with expertise in sexual assault injury lawsuits today.
Filing a Complaint against the Motel or Hotel
Sexual harassment is a form of discrimination based on the victim’s sex. If you were a victim of sexual harassment at a motel or hotel, you might be interested in filing a formal complaint. The California Department of Fair Employment and Housing (DFEH) is the agency in charge of all complaints. How do you get started? Before filing the complaint, you will need to file a pre-complaint inquiry. This initial form allows the department to determine whether or not a formal complaint will be allowed to be submitted. The pre-complaint inquiry can be completed online or via a printable form to send in the mail. If you choose to complete the form online, you will need to access the DFEH website and then create a free account with their interactive service. If you would like to print the form and send it by mail, access the same website and navigate to the chart that shows pre-complaint inquiry forms along with descriptions. You will need to print the form entitled “Business Establishment.” This form covers discrimination in services like stores, restaurants, and hotels. You will have to fill up the four-page form and mail it to the address provided on their website. You will receive a response stating whether you will be allowed to file a formal complaint.
If you do not want to go through the DFEH, you can file your lawsuit in court. You must request a right-to-sue notice either online through the DFEH’s interactive service or the mail via a printed copy of the form. By requesting the right to sue, you will not be able to ask for DFEH investigation of your claims. Additionally, you will have one year from the date your right-to-sue notice was issued to file a lawsuit. Like many other government agencies, it is not possible to file a lawsuit and have the claim investigated by the government agency. If you have questions, reach out to a skilled lawyer experienced in sexual assault cases.
Deciding You Cause of Action
Since neither sexual harassment nor sexual assault is legal causes of actions, you will need to file your lawsuit under a related cause. What cause of action can you choose? There are a few causes of actions that relate to sexual harassment and sexual assault. Those causes of action are assault and battery, false imprisonment, and intentional infliction of emotional distress. A law firm with expertise in handling sexual assault and sexual harassment will help you identify the cause of action most related to your case. Additionally, if you are still wondering about the California statute of limitations for a sexual harassment lawsuit against a hotel, your statute of limitations will be that of whichever cause of action you file. To clear this up, make sure you speak to an accomplished lawyer with experience handling sexual assault claims.
Normandie Law Firm
Normandie Law Firm is a top Los Angeles law firm with experience handling all sexual misconduct claims. It does not matter if you experienced sexual harassment by a motel guest or by a motel employee, the facility might still be liable. Our sexual harassment lawyers in Los Angeles will help you sue a motel or hotel for unwanted touching. If you are the victim of sexual assault, our lawyers can help you file a sexual assault and battery lawsuit against a hotel. Do not hesitate! Contact our law firm and schedule a consultation to start your legal process with the help of one of our experienced lawyers; you have nothing to lose.
FREE LEGAL CONSULTATION: Normandie Law Firm offers our clients completely free consultations and second opinions. Our free consultations allow you to discuss your case with one of our many expert lawyers. Our legal staff will answer all of your questions and give you all the information necessary for you to understand the legal process. Our free second opinions allow you to clarify any questions that your current attorney might have missed. Why would you need a second opinion? Well, many attorneys work on quantity rather than quality. What does this mean? You might have chosen an attorney that is only interested in running through your case as fast as possible so that he or she can start on the next case. At Normandie Law Firm, we promise to give each case all the attention necessary. Additionally, we will always give you personalized treatment whenever you come in for consultations or follow-ups.
Normandie Law Firm offers clients a Zero-Fee guarantee. Our Zero-Fee guarantee ensures that you will never have to pay any upfront fees. Also, our law firm is strictly contingency-based. You will not have to pay anything until our trusted lawyers win your case. Contact Normandie Law Firm as soon as possible to speak with one of our attorneys with experience in sexual assault cases.
