Legal Question in Sexual Harassment in California

My 21-year-old daughter was recently sexually assaulted by a 50-something male (former friend of the family). He got caught short of intercourse, but did everything else. My daughter is hesitant to file charges due to fear, and the prospect of having to face him again in court. Our family is shocked and confused and doesn't know what to do, especially if she decides to forego pressing charges. Do we have any other options?

Asked on 5/18/15, 3:13 pm

2 Answers from Attorneys

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If she does not want to face him in court, there is no legal recourse. She can press criminal charges or she can obtain a civil harassment restraining order. She could also probably sue for battery, and negligent and intentional infliction of emotional distress. All of those, however, require facing him in court, and a civil suit for damages would require facing him in a deposition before trial as well, almost certainly.

Answered on 5/18/15, 3:22 pm

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Deborah Barron Barron Law Corporation

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There may be other civil options depending on where the assault took place. The facts surrounding what lead up to the encounter may also be relevant. Our firm often settles cases or files a civil complaint for money damages after a sexual assault. Whether the former family friend has money is an important factor. There is also the possibility that a third party could be help liable or that someone's insurance policy might cover your daughter's claim. Please contact me by email to discuss further.

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Answered on 5/18/15, 4:42 pm

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