Survivors of sexual assault and sexual abuse across the country are coming forward to hold their abusers — and the institutions that enabled them — accountable. A sexual assault attorney can help you pursue a civil lawsuit for the harm you suffered, whether the abuse happened recently or years ago, in some circumstances.
Recent changes to state law have reopened the courthouse doors for many survivors who were once told they were time-barred from pursuing justice.
At Wisner Baum, we understand what you are facing. We listen to survivors, gather what we need to build a strong case, and then fight to hold the people and organizations accountable for what happened. If you were sexually assaulted or abused, talk to an attorney to better understand your legal rights. Call us at (310) 207-3233 for a free, confidential case review. You owe us nothing unless we win your case.
Sexual Abuse Legal Updates 2026
Survivors today have more legal options than at any point in history. In October 2025, California Governor Gavin Newsom signed Assembly Bill 250, which opens a new two-year revival window running from January 1, 2026, through December 31, 2027. The law allows many adult survivors of sexual assault to file civil claims that would otherwise be barred by the statute of limitations, with a focus on cases where a private institution played a role in enabling or covering up the abuse.
Similar legislation in other states has helped provide a path for holding major institutions accountable. In May 2025, Columbia University and New York-Presbyterian agreed to pay approximately $750 million to resolve claims brought by 576 former patients of a former OB-GYN who was criminally convicted of abusing patients. This was one of the largest settlements of its kind in a healthcare setting.
Cases like these demonstrate that when an employer ignores warning signs, it can be held responsible alongside the individual abuser. Hospitals and healthcare organizations are a growing focus because, according to a report from the Joint Commission, an independent non-profit organization that accredits healthcare programs and organizations, violence-related events classified as assault, rape, sexual assault, or homicide recently increased by 77% over a recent two-year period.
If you were assaulted by a doctor, nurse, technician, or other provider during medical care, learn more on our hospital sexual assault lawsuit page.
A note before you continue: The sections below describe specific types of sexual misconduct, including non-consensual touching and rape, in plain but direct terms. If you would rather speak with someone first, please call (310) 207-3233 or the National Sexual Assault Hotline at 800-656-HOPE (4673) for free, confidential support.
What Is Sexual Assault and Sexual Abuse?
Sexual assault is any sexual contact or act committed without consent. Sexual abuse is a broader term that includes a pattern or a single act of sexual misconduct, often by someone in a position of trust or authority. Both cause lasting physical and emotional harm.
Consent must be given freely and knowingly. A person cannot legally consent when they are incapacitated, unconscious, intoxicated, threatened or coerced, or below the age of consent. Silence or a lack of resistance is not consent.
What Is Rape?
Rape is non-consensual sexual penetration or intercourse. A person is legally unable to consent when they are:
- Forced, threatened, or coerced
- Asleep, unconscious, intoxicated, sedated, or under anesthesia
- Unable to consent due to a disability or cognitive impairment
- Below the age of consent (18 in California)
What Is Sexual Battery?
Sexual battery is harmful or offensive sexual touching of another person without consent. Unlike rape, it does not require penetration. Many sexual assaults, including unwanted groping or fondling, are pursued as sexual battery in a civil case.
Sexual violence can happen to anyone, regardless of gender, age, background, or sexual orientation. It is never the survivor's fault. The abuser — and any institution that enabled the abuse — bears responsibility.
Where Sexual Abuse Happens: Institutional Accountability
Abuse can occur anywhere, but certain environments give predators repeated access to vulnerable people and the cover of an institution's authority. When an organization fails to screen, supervise, or remove a known abuser, it may be held legally accountable for the harm that follows.
Settings where institutional sexual abuse commonly occurs include:
- Hospitals, clinics, and other healthcare settings, where patients are physically exposed and trust their providers.
- Schools, colleges, and universities, where perpetrators may be teachers, coaches, staff, or campus physicians.
- Religious organizations, where leaders exploit positions of spiritual authority.
- Youth organizations, sports programs, and camps that give adults unsupervised access to children.
- Jails, prisons, and juvenile detention facilities, where those in custody depend on staff for safety.
- Nursing homes, residential facilities, and group homes serving elderly or disabled residents.
- Workplaces, where supervisors or coworkers abuse a power imbalance
Who Can Be Held Accountable in a Sexual Assault Lawsuit?
A civil sexual assault lawsuit can target more than the individual abuser. Depending on the facts, the following parties may also be held liable:
- The perpetrator who committed the assault or abuse.
- Employers, hospitals, schools, or other organizations that hired, supervised, or failed to remove a known abuser.
- Property owners or operators who failed to provide reasonable security.
- Entities that concealed prior complaints or used non-disclosure agreements to keep abuse quiet.
Institutions are typically sued under theories such as negligent hiring, negligent supervision, negligent retention, and failure to warn or protect. In plain terms, the lawsuit alleges the organization knew, or should have known, about the danger and failed to act.
Pursuing accountability against institutions helps remedy the full scope of the wrong. When a hospital quietly reassigns a predatory employee, or a medical facility discards a complaint to protect its reputation, that decision causes harm just as surely as the assault itself. The institution made a choice, and civil law allows survivors to hold them accountable.
That accountability also creates consequences that extend beyond one survivor. Institutional defendants facing significant liability have a concrete reason to change their hiring practices, strengthen their reporting systems, and stop silencing victims. In that way, a single lawsuit can become a safeguard for everyone who comes after.
Criminal Charges vs. Civil Lawsuits: What Is the Difference in Sexual Assault Cases?
A criminal case and a civil lawsuit are separate. A criminal case is brought by the government to punish the offender with criminal penalties like jail or prison time. A civil lawsuit is brought by the survivor to recover financial compensation for the harm they suffered.
The burden of proof is also different. A criminal conviction requires proof “beyond a reasonable doubt.” A civil case uses the “preponderance of the evidence” standard, which means the survivor must show it is more likely than not that the abuse occurred.
Because of this, you may have a civil claim even if:
- The abuser was never criminally charged or convicted.
- The criminal case ended in a plea or was dropped.
- The abuser has died.
- Years have passed since the abuse.
Is a Sexual Assault Lawsuit Against an Institution Considered a Class Action?
No. Because each survivor's experience and injuries are unique, sexual abuse claims are typically handled as individual civil lawsuits rather than class actions, even when multiple survivors make similar allegations against the abuser and the organization they work for. That means your case is evaluated on its own facts, and any recovery reflects what happened to you specifically.
When many survivors come forward against the same abuser or institution, their cases may be consolidated for efficiency. For example, a Judicial Council Coordination Proceeding (JCCP) in California or a federal multidistrict litigation (MDL) may be established to streamline pretrial work. This type of litigation is known as a mass tort.
Statutes of Limitations and Revival Windows for Sexual Assault Claims
A statute of limitations is the legal deadline to file a lawsuit. While these deadlines vary significantly from state to state, many states have extended them or created temporary “revival windows” that let survivors file claims that were previously time-barred. Because the law is changing quickly, the only reliable way to know your deadline is to speak with an attorney about your specific situation.
For example, California has some of the broadest survivor protections in the country:
- Childhood sexual assault: Survivors abused as minors may generally file until age 40, or within five years of discovering that a psychological or physical injury was caused by the abuse, whichever is later (California Code of Civil Procedure section 340.1).
- No deadline for recent childhood abuse: For childhood sexual assault occurring on or after January 1, 2024, California has eliminated the civil statute of limitations.
- Adult sexual assault: Survivors generally have 10 years from the assault, or three years from discovering that an injury was caused by the assault (California Code of Civil Procedure section 340.16).
- AB 2777 revival window: Adult survivors may revive certain otherwise-expired claims based on conduct on or after January 1, 2009, through December 31, 2026, particularly where an institution covered up the abuse.
- AB 250 revival window: A newer law opens an additional revival window for adult survivors from January 1, 2026, through December 31, 2027, focused on private-sector defendants and institutional cover-ups.
The “discovery rule” recognizes that survivors often do not connect their injuries to the abuse until years later. The filing clock may not start until you discover, or reasonably should have discovered, that harm was caused by the assault.
If you live in a different state, we encourage you to reach out and talk to us about your case. Wisner Baum helps sexual assault survivors nationwide.
Do I Qualify for a Sexual Assault Lawsuit?
Every case is different, and the only way to know for certain is a free, confidential review. In general, you may qualify to pursue a civil claim if:
- You experienced sexual assault, abuse, or misconduct by an individual or while in the care of an institution.
- There is a person, employer, or organization that may be held responsible for the abuse or for failing to prevent it.
- Your claim falls within your state's statute of limitations or an active revival window.
- You suffered harm — physical, emotional, financial, or otherwise — as a result.
Do not rule yourself out because the abuse happened long ago, the police were never involved, or you are unsure who is responsible. Those are exactly the questions an attorney can help you answer.
Compensation Available in a Sexual Assault Lawsuit
No amount of money can undo what happened. But a civil lawsuit can provide the space for you to tell your story, help obtain resources to support your healing, and hold those responsible accountable. Survivors may be entitled to:
Economic Damages
- Past and future medical expenses
- Therapy, counseling, and mental health treatment
- Lost wages and reduced earning capacity
Non-Economic Damages
- Pain and suffering
- Emotional distress, anxiety, and PTSD
- Loss of enjoyment of life
Punitive Damages
In cases involving especially egregious conduct or a deliberate cover-up, a court may award punitive damages to punish the wrongdoer and deter similar conduct.
The value of any individual case depends on its specific facts. An attorney can explain what compensation may be available in your situation.
How to Take the First Step
Reaching out is often the hardest part. You do not need to have all the answers, documents, or even your abuser's full name before you call. Here is what helps:
- Seek support. Confidential help is available, including the national RAINN hotline at 800-656-HOPE (4673). Medical care can also treat injuries and, soon after an assault, preserve evidence.
- Write down what you remember. Dates, names, locations, and any witnesses can all help, but are not required to start.
- Preserve anything relevant. Save messages, records, photos, or appointment information if you have them.
- Contact a sexual assault attorney. The sooner you speak with a lawyer, the better your options for meeting filing deadlines and gathering evidence.
Time matters because of filing deadlines. Call Wisner Baum at (310) 207-3233 or fill out our contact form for a free, confidential consultation. There is no obligation. If you decide to retain our firm, you pay nothing unless we obtain compensation for you.
Why Survivors Choose Wisner Baum
Wisner Baum is a nationally recognized trial law firm that has spent decades standing up to powerful corporations that put people in harm's way. Since 1985, the firm has earned more than $4 billion in verdicts and settlements, represented more than 20,000 clients and families nationwide, and tried hundreds of cases in court.
That track record matters for survivors. Institutions and their insurers take cases more seriously when the firm across the table takes cases to trial rather than simply settling quickly. When powerful systems fail, we step in. We expose injustice, demand accountability, and pursue real results for people who have been harmed.
We also handle every case with equal parts compassion and discretion. Your story will be treated with the respect it deserves, and your privacy will be protected throughout the process. We work on a contingency basis. That means, if we do not win your case, you do not owe us anything.
Talk to a Sexual Assault Attorney Today
You do not have to carry this alone, and you do not have to navigate the legal system by yourself. The attorneys at Wisner Baum are ready to listen, explain your options, and fight to hold the responsible parties accountable.
Call (310) 207-3233 or contact us online for a free, confidential case review. You owe us nothing unless we win.
