California Law Firm of Bailey & Partners Fights for the Rights of Sexual Abuse Victims

SANTA MONICA, CA, September 29, 2010 (Press-News.org) Sexual abuse is one of the most damaging acts that can be committed against another human being. The physical and mental injury caused by such abuse can leave deep emotional scars that can last a lifetime. Unfortunately, sexual abuse has been shown to be much more frequent that previously believed. If you or a loved one has been the victim of sexual abuse, you should contact an experienced sexual abuse attorney as soon as possible. At Bailey & Partners we understand the trauma that you have experienced and our attorneys are dedicated to helping you with the utmost tact and discretion. We have helped many abused victims recover compensation for the wrongs they have suffered.

What Is Sexual Abuse?

Although most victims of sexual abuse consist of children and the elderly, a person of any age or gender can file a lawsuit if they have been sexually abused by someone. Whether or not a specific act is sexual abuse depends upon the circumstances surrounding the act and the age of those involved. Sexual abuse cases are complicated by the fact that the abuser is often in a position of trust to the victim (such as a family member, teacher, religious leader, health care giver, etc.). Child sexual abuse is usually termed molestation, while adult sexual abuse is called sexual assault or rape, or aggregated sexual abuse:

-Child abuse or molestation: A person is guilty of an offense if they commit a lewd or lascivious act upon a child to arouse, appeal, or gratify a sexual desire.
-Sexual assault or rape: This can be any form of sexual activity that is forced upon a person against his or her will, including rape, forced sodomy, forced oral copulation, or sexual battery (any touching of a person's intimate parts for the purpose of sexual arousal or gratification). Statutory rape is an act of sexual intercourse with a minor, whether or not there is consent.
-Aggregated sexual abuse: A person is guilty if the sexual abuse includes certain factors, such as the use of a weapon, if the victim was over 60, if the victim was physically or mentally handicapped, if the victim was drugged, if there was statutory rape of a family member, or if the abuser threatened or endangered the life of the victim.

Statute of Limitations

In addition to a criminal prosecution against the abuser, a civil action can be filed by the victim to recover compensation for his or her injuries. However there is a specific time limit in which a victim can file a lawsuit. Since many child victims of sexual abuse often have repressed memories of the events due to the trauma involved, California has adopted an extended statute of limitations. Adult survivors of childhood sexual abuse may file a civil lawsuit anytime before their 26th birthday, or within three years of the time they discover that their psychological injuries were caused by the abuser. If a person was abused as an adult, he or she has two years from the date of discovering harm from the sexual abuse to file.

Who Is Liable In A Sexual Abuse Case?

In sexual abuse cases, the abuser is primarily responsible for his or her actions. However, an institution where the abuse occurred, such as a school, care facility, hospital or religious organization, may also be liable if that entity hired the abuser and knew or should have known of a danger. Such an institution might also be liable if it failed to secure or monitor its premises.

If you or a family member has been the victim of sexual abuse, it is essential that you contact an experienced attorney without delay. The sexual abuse attorneys at Bailey & Partners understand the delicate nature of these situations and the complex emotions and difficulties that victims face. We will work diligently to obtain the compensation that you deserve.

Website: http://www.baileypartners.com