Los Angeles Sexual Assault Attorneys
Fighting for Sexual Assault Victims in the Greater Los Angeles Area
Under federal law, everyone is protected from discrimination on the basis of sex – which includes sexual harassment and sexual assault. Unfortunately, sexual harassment and assault remain frighteningly common on college campuses and in other educational settings. Sexual assault in all its forms is considered a civil rights violation, and if you have experienced it on your campus, you will understandably be wondering about your options beyond internal and administrative remedies.
At Kaplan Weiss LLP, we are personally invested in helping victims of sexual assault seek justice. We are familiar with how to hold perpetrators accountable and will work to recover the compensation you deserve. Our Los Angeles sexual assault lawyers strategically approach these cases with the personalized advocacy required to deliver an optimal outcome. Our partners are fighters with over 40 years of combined legal experience and will be by your side every step of the way.
How Title IX Claims Work
After a sexual assault on campus, you may be wary about reporting the incident to your school or university, especially if you feel like nothing of substance will happen. Reporting the misconduct to your school or university is often in your best interest, however: Under Title IX of the Education Amendments Act of 1972, all schools who receive any level of federal funding are required to comply with the law’s rules surrounding sexual assault and harassment.
In other words, Title IX almost certainly requires your school to take your complaint seriously, conduct a thorough investigation, and take steps to prevent any misconduct from happening again. If your school ignores your complaint or does not do enough to protect you, you may be able to pursue a Title IX complaint against the institution.
Title IX complaints are filed with the U.S. Department of Education (DOE). Generally, you must file these complaints within 180 days of the most recent act of harassment, assault, or discrimination, so you will need to act quickly. The agency will evaluate the complaint, decide whether to investigate, and make a determination. Possible remedies for a successful claim include monetary compensation, changes to school policies, and penalties for the perpetrator.
A Title IX complaint is just one option you may have in your case. Our Los Angeles sexual assault attorneys will carefully assess your circumstances and walk you through all available legal options.
Filing a Civil Lawsuit Against a Sexual Assault Perpetrator
Regardless of where sexual assault occurs, victims have the right to enforce their civil rights and take civil legal action against perpetrators. A victim can sue even if the perpetrator has not been charged with or found guilty of the applicable sex crime.
You can simultaneously pursue a civil lawsuit against the perpetrator and a Title IX complaint against your educational institution. This approach could delay the resolution of the Title IX complaint, however.
If you choose to file a civil lawsuit against the perpetrator of your sexual assault, our team at Kaplan Weiss will fight to recover compensation for:
- Medical expenses, including bills associated with psychological counseling
- Lost wages and earning capacity
- Loss of enjoyment of life
- Emotional distress
- Pain and suffering
- Punitive damages
How Section 1983 Lawsuits Work in Sexual Assault Cases
An additional legal strategy may be available if your sexual assault took place on the campus of a public university. Victims of sexual assault can potentially sue state employees for violating the Constitution through a Section 1983 lawsuit. Again, because the defendant must be a state employee, this option can only be pursued if the assault occurred at a public educational institution. If the lawsuit is successful, you may be able to recover compensation for both compensatory and punitive damages.
Our Los Angeles sexual assault lawyers will make every effort to protect your civil rights. We understand how to effectively approach Section 1983 actions and can determine whether this strategy is the right choice in your case.
If you were sexually assaulted on your campus and need help understanding your legal options, do not hesitate to call (213) 652-5827 or contact us online.
Unpaid Overtime Claims: Common Pitfalls for California Employers to Avoid
- Employment Law
Sexual Harassment in the California Workplace: Recognizing, Reporting, and Preventing It
- Sexual Harassment
What Should You Do If You Were Wrongfully Terminated? Read Blog
Understanding the Different Types of Employment Discrimination Read Blog
Employee or Independent Contractor? California’s New “ABC” Test Read Blog
Expansion of the California Equal Pay Act Read Blog