California Molestation Lawyers Fighting for Survivors of Child Sexual Abuse
Molestation can leave harm that lasts long after the abuse ends, and survivors are never to blame for what happened or for how long it took to speak up. Winer, Burritt, Scott & Jacobs, LLP represents survivors of molestation and childhood sexual abuse throughout California. We bring civil claims against abusers and against the schools, religious organizations, day cares, treatment facilities, and other institutions that allowed the abuse to happen.
A lawsuit cannot undo what happened, but it can fund treatment and recovery, uncover what responsible parties knew, and create accountability that helps protect other children. Our California molestation attorneys handle every case with discretion and at no upfront cost. Call or message us for a free, confidential consultation.
What Counts as Molestation Under California Law
“Molestation” is an everyday word rather than a single legal charge. In California, it generally describes sexual contact or conduct directed at a child, including lewd or lascivious acts under Penal Code section 288 and conduct covered by Penal Code section 647.6. Civil claims for childhood sexual assault are governed by Code of Civil Procedure section 340.1, which reaches many forms of abuse, including:
- Inappropriate Touching: Sexual contact with a child, over or under clothing, for the abuser’s gratification.
- Forced or Coerced Sexual Acts: Any sexual act with a child, whether achieved through force, threats, manipulation, or abuse of authority.
- Exposure and Lewd Conduct: Exposing oneself to a child, showing a child sexual material, or engaging in sexual behavior in a child’s presence.
- Sexual Exploitation: Photographing, filming, or sharing sexual images of a child.
- Grooming: Building a child’s trust through special attention, gifts, or secrecy to prepare the way for abuse.
Whatever word you use for what happened, the law protects you. If you or your child experienced any of this conduct, an attorney can explain which legal claims apply.
Who Can Be Held Legally Responsible
The person who committed the abuse is not always the only one accountable. California law allows claims against organizations that knew, or should have known, that someone posed a danger to children and failed to act. Potentially responsible parties include:
- Schools and School Districts: Failing to investigate complaints, supervise staff, or remove a dangerous teacher, coach, or employee.
- Religious Organizations: Moving, protecting, or ignoring clergy and volunteers accused of misconduct.
- Day Cares, Camps, and Youth Programs: Poor screening, inadequate supervision, or leaving children alone with unvetted individuals.
- Foster Homes, Group Homes, and Treatment Facilities: Ignoring warning signs of abuse among residents or patients.
- Employers and Supervisors: Negligently hiring, retaining, or supervising someone with access to children.
- The Abuser: Individual liability for the abuse itself, regardless of any criminal case.
Institutional cases often turn on records and testimony showing prior complaints, ignored warnings, or missing safeguards. Uncovering that evidence is where an experienced legal team makes the difference.
Signs a Child May Have Been Molested
Children often cannot or will not describe abuse directly. The following changes do not prove abuse on their own, but they deserve attention:
- Behavior Changes: Sudden withdrawal, clinginess, aggression, or regression such as bedwetting.
- Fear or Avoidance: Distress around a particular person, place, or activity that was previously enjoyable.
- Age-Inappropriate Sexual Knowledge: Sexual language or behavior that does not match the child’s age.
- Sleep and Physical Symptoms: Nightmares, stomachaches, pain, or unexplained injuries.
- School Difficulties: Falling grades or a new reluctance to attend school or programs.
- Secrecy: Unusual secrecy about an adult or unexplained gifts and special treatment.
If you notice these signs, stay calm, listen without pressuring the child, reassure them they are not in trouble, and make sure they are safe.
California’s Statute of Limitations for Molestation Claims
Deadlines for molestation lawsuits changed significantly in recent years, and the rules that apply to you depend on when the abuse occurred and who you are suing. Special rules can also apply to claims against public entities such as school districts. Because these deadlines are technical, speak with an attorney as soon as you can rather than assuming your claim is too old. In general:
- Abuse on or After January 1, 2024: California eliminated the civil statute of limitations for childhood sexual assault claims arising from abuse that occurred on or after this date.
- Abuse Before 2024: A claim must generally be filed before the survivor’s 40th birthday or within five years of discovering that an adult psychological injury was caused by the abuse, whichever is later. A separate three-year revival window for older claims closed on December 31, 2022.
- Abuse as an Adult: Sexual assault of an adult falls under a different statute, which generally allows ten years from the last act or three years from discovering the resulting injury, whichever is later.
Compensation Available to Molestation Survivors
A successful civil claim can provide financial resources for the many ways abuse affects a survivor’s life:
- Treatment Costs: Past and future therapy, psychiatric care, and medical expenses.
- Lost Income and Earning Capacity: Wages lost to trauma, and career or educational opportunities that were derailed.
- Emotional Distress: Compensation for anxiety, depression, PTSD, and loss of enjoyment of life.
- Punitive Damages: Additional damages in appropriate cases to punish especially wrongful conduct.
- Enhanced Damages for Cover-Ups: California law allows up to triple damages against a defendant found to have covered up prior incidents of sexual assault.
Molestation and Sexual Abuse Case Results
Our firm has recovered significant settlements for survivors of molestation and sexual abuse, including cases against large institutions:
- $13,500,000: Settlement for former Berkeley High School students who survived sexual abuse by a teacher and coach, resolving three lawsuits brought by nine plaintiffs against the school district after four years of litigation.
- $800,000: Settlement for two men sexually assaulted at a Southern California rehab facility, after discovery showed the facility knew or should have known about the perpetrator’s behavior with multiple patients.
- $750,000: Settlement for a mother and her three children who alleged abuse by a hypnotherapist, including molestation of the children, supported by psychiatric testimony that the children’s symptoms were consistent with molestation.
- $300,000: Settlement for two young boys molested by the teenage son of a home day care owner, reached after evidence showed the boys were frequently left alone with him in violation of licensing regulations.
Every case is different, and past results do not guarantee a similar outcome. They do reflect the thorough investigation and expert preparation we bring to each survivor’s claim.
Why Survivors Choose Winer, Burritt, Scott & Jacobs, LLP
Choosing a lawyer for a sexual abuse case is a deeply personal decision. Survivors turn to our firm because we offer:
- Experience Against Institutions: We take on school districts, organizations, and insurance defense firms and know how to uncover what they knew and when.
- Sensitive, Confidential Handling: We move at your pace, protect your privacy, and explain each step before it happens.
- Expert Support: We retain respected child psychiatrists and other experts to document the harm and the treatment it will require.
- No Upfront Cost: We handle molestation cases on a contingency fee basis, so you pay no attorney fees unless we recover compensation.
- Statewide Reach: Our attorneys represent survivors across California, from the Bay Area to Southern California.
Our attorneys understand that coming forward can be the hardest step. You decide how much to share and when, and we handle the legal work so you can focus on healing.
Find a California Molestation Lawyer Near You
Our attorneys serve survivors and families throughout the state. Choose your nearest location to learn more:
What to Do If You or Your Child Has Been Molested
Your first priority is safety. When you are ready, these steps can help protect your rights:
- Ensure Safety: Separate the child or survivor from the abuser and any risk of continued contact.
- Seek Medical and Counseling Support: Care addresses health needs and creates records that document the harm.
- Report the Abuse: Contact local law enforcement or child protective services. A civil claim does not depend on a criminal case, but reports can preserve important evidence.
- Preserve Evidence: Keep messages, photographs, letters, gifts, journals, and any communications with the institution involved.
- Talk to an Attorney: Speak with a California molestation lawyer before contacting the abuser or an organization’s insurer, so you understand your options and deadlines.
Frequently Asked Questions About California Molestation Claims
Do I need a criminal conviction to file a civil molestation lawsuit in California?
No. A civil case is separate from any criminal case. You can file a civil claim even if the abuser was never arrested, charged, or convicted, and even if a prosecutor declined to pursue the case. Civil courts also use a lower standard of proof, meaning "more likely than not," instead of the "beyond a reasonable doubt" standard used in criminal court.
Can I still bring a claim if the abuser has died or cannot be found?
Often, yes. Many molestation cases focus on the school, religious organization, youth program, or facility that put the abuser in contact with children and failed to protect them. Claims can also sometimes be pursued against an abuser's estate. An attorney can review who remains legally responsible in your situation.
Will my name be made public if I file a lawsuit in California?
Not necessarily. Courts frequently allow survivors of sexual abuse to proceed under a pseudonym such as "Jane Doe" or "John Doe," and we take steps to limit unnecessary disclosure of personal details. Whether anonymity is granted is up to the court, and we explain your options before anything is filed.
What evidence do I need if there were no witnesses?
Molestation usually happens in private, so most cases do not depend on eyewitnesses. Evidence can include your detailed account, medical and counseling records, messages or gifts from the abuser, prior complaints about the same person, personnel and licensing files, and evaluations from psychiatric experts. Institutions often hold records showing what they knew, which is why early legal review matters.
How much is a molestation case worth in California?
No two cases are alike, and no attorney can honestly promise a specific amount. Value depends on the severity and duration of the abuse, the psychological and physical harm, the cost of past and future treatment, the effect on education and earning ability, and whether a responsible party has insurance or assets. Our published case results show the range of outcomes we have achieved.
How long does a California molestation lawsuit take?
Some cases resolve in months through mediation, while others take years of litigation. The $13.5 million settlement for former Berkeley High School students, for example, followed four years of litigation. We give every client a realistic timeline at the outset and keep you updated as the case moves forward.
What if the abuser was a family member or someone I trusted?
Abuse by a relative, family friend, coach, or neighbor is common. A claim can be brought against the abuser and, where another party had a duty to protect the child, such as a school, day care, or organization, against that party as well. Because an individual may not have insurance that covers intentional acts, identifying other responsible parties is often central to a case.
Can a parent file a claim if the survivor is still a child?
Yes. A parent or legal guardian can generally bring a claim on behalf of a minor, and courts review settlements involving minors to make sure they are fair. Reporting the abuse to law enforcement or child protective services is a separate step, and we can talk you through both.
Speak With a California Molestation Lawyer Today
You do not have to face this alone, and it is never too soon or too late to ask questions. At Winer, Burritt, Scott & Jacobs, LLP, our California molestation attorneys will listen, explain your options in plain language, and fight to hold abusers and negligent institutions accountable. Call us or complete our confidential online form to schedule your free consultation. We serve survivors and families throughout California.
