SAN DIEGO
SEXUAL ABUSE ATTORNEY

Sexual abuse remains an unfortunate reality for many people across San Diego and California. According to the California Department of Public Health, “In California, more than 1 in 3 women and 1 in 4 men report [experiencing] sexual violence involving physical contact in their lifetime. Nationally, an estimated 23 million women have experienced completed or attempted rape in their lifetime.” These figures do not fully encapsulate the scope of the problem, since most instances of abuse go unreported.

Sexual abuse can have a deep and lasting impact on survivors. Many victims suffer in silence for years, unsure where to begin after their sense of safety has been completely shattered. California law recognizes the lasting impact that abuse can cause and allows victims to pursue justice through a civil action. If you or a loved one has been the victim of sexual abuse, the San Diego sexual abuse attorneys at Samer Habbas & Associates are here to help. Whether the abuse took place at a school, work, church, hospital, or some other setting, we can provide compassionate representation so that you can focus on healing. You can reach out to us anytime for a confidential and risk-free legal consultation at (949) 727-9300.

Common Locations Where Sexual Abuse May Take Place in San Diego County

Sexual abuse and mistreatment can occur in many different settings. This includes places where many victims would normally feel completely safe. Power imbalances, poor oversight, and a lack of accountability may allow abuse to go completely unchecked for many years. What follows are some of the institutions across San Diego County where abuse may occur.

• Schools: Schools are a major source of sexual abuse. According to the National Education Association, “there were 14,938 incidents of sexual violence in K–12 schools in 2017 – 2018 compared with 9,649 in 2015 – 2016, representing a 55 percent increase.”
• Churches: Various religious institutions across San Diego have faced lawsuits after children were allegedly sexually abused by church leaders. This includes a wave of new lawsuits against the LDS church. 
• Hospitals: The Polinsky Children’s Center in San Diego is one of many hospitals where children were subjected to sexual abuse and other crimes. 
• Youth Detention Centers: San Diego County is facing numerous lawsuits for children allegedly sexually abused by probation officers at the Kearny Mesa Juvenile Detention Hall / Youth Transition Campus.
• Rideshare Vehicles: Millions of people use Ubers and other rideshare vehicles every year across California and San Diego. Sadly, many people, particularly women, have been raped or sexually assaulted by their rideshare drivers.

Institutions must consider the possibility that the people they serve could become the victims of sexual assaults. The abuse may involve their own employees or third parties. In many cases, the people who engage in sexual abuse will not fit the stereotypical profile of someone “creepy.” They will often be well-liked by peers, students, and others. Setting appropriate boundaries and safeguards is crucial to preventing sexual abuse.

Liability for San Diego County Sexual Abuse

Sexual abuse is both a criminal offense and may impose civil liability, depending on where it takes place. Schools, hospitals, churches, and other institutions can be held liable if they fail to protect children and adults from sexual abuse. When a school has actual or constructive notice that a certain individual poses a risk of harm, they must take action. Failing to take action could form the basis of a negligence claim. Many lawsuits are based on the legal theory that the perpetrator was negligently hired or retained. Several elements must be demonstrated in such a claim.

• The employer hired or retained the worker that caused harm to the plaintiff.
• The employee was unfit for their position or otherwise dangerous.
• The employer knew, or should have known, that the employee was unfit for the position they held. For example, an employee may have been the subject of numerous complaints or allegations.
• The employer failed to take reasonable action to prevent the harm.

Sexual abuse is often highly preventable at an institution like a school. It tends to be the result of leaders and other faculty failing to adequately supervise the conduct of the perpetrator. By the time any person is arrested on allegations of sexual abuse, there are often numerous missed red flags. Abuse tends not to happen in a vacuum. Perpetrators will engage in grooming and other concerning behavior. Institutions may fail to notice or recognize what is going on.

What to Do After Any Instance of Sexual Abuse in California

Sexual abuse can have numerous adverse health and psychological effects on survivors. According to one study in the McGill Journal of Medicine, “The lifetime prevalence of PTSD for women who have been sexually assaulted is 50%. Moreover, sexual assault is the most frequent cause of PTSD in women, with one study reporting that 94% of women experienced PTSD symptoms during the first two weeks after an assault.” It is important that certain steps are taken after any instance of sexual abuse. 

• Immediate Safety: It is important that the physical safety and well-being of the victim are the first priority. They should be removed from any place where the abuse is suspected to have occurred.
• Evidence Preservation: All of the physical and digital evidence related to the abuse should be collected and preserved. This may include clothing and any messages from the perpetrator.
• Report the Incident: Reporting the incident to the police is an important first step towards seeking accountability and justice. The police can begin investigating and possibly prepare criminal charges. This is a key part of preventing the abuser from harming other people.
• Contact an Attorney: One of the most important steps to take after any instance of sexual abuse is to contact an experienced San Diego sexual abuse attorney. An attorney can evaluate the unique facts of your case and let you know what your legal options are. 

It can be hard to know where to begin after any instance of sexual misconduct. Victims may be left traumatized and feel completely vulnerable. Taking action after any instance of abuse is a crucial component of seeking accountability and protecting your rights. Acting early can make a meaningful impact on any potential recovery and legal outcome. 

How Our San Diego Sexual Abuse Attorneys Can Help

The San Diego sexual abuse lawyers at Samer Habbas & Associates are here to support you throughout the legal process. We understand how harmful abuse can be to survivors and their entire family. This is why we take the utmost caution to protect the rights and privacy of our clients. Here are just a few of the ways our law firm can assist you. 

• Preserve Critical Evidence: Our attorneys can take steps to compile and preserve key pieces of evidence. When a school, hospital, jail, church, or other institution fails to hand over evidence, your attorney can obtain it through subpoena.
• Identify Liable Parties: There could be several liable parties for any instance of sexual abuse. This will normally include the perpetrator and their employer. Our attorneys will do everything to identify all parties that may have contributed to the abuse.
• Handle Communications: Our attorneys will handle all communications with insurance companies, employers, and the institutions that may have contributed to your abuse.
• Seek Compensation: Our attorneys will pursue damages on your behalf. Damages in a civil claim can help cover medical bills, therapy costs, lost wages, and emotional suffering. 

One of the greatest advantages that comes with hiring our team is that we do not charge clients anything up front. Our law firm works entirely on a contingency fee basis. In other words, we only get paid by the opposing party’s insurance provider if we are able to successfully resolve your case. 

The Samer Habbas & Associates Advantage

Samer Habbas & Associates is one of the most well-respected sexual abuse firms in San Diego County. We have continued to achieve exceptional results and have recovered over $380 million for our clients. Here are just a few other factors that distinguish our legal practice. 

• Industry Recognition: We have a 10.0 Super Rating on AVVO, an A+ by the Better Business Bureau, and have been named top trial lawyers by the National Trial Lawyers Association.
• Large Recoveries: We have continued to recover some of the highest verdicts and settlements across California. This includes a $4 million trial decision for the victim of sexual battery.
• Client Focused: We are committed to putting the needs of our clients first and keeping them informed at every step of the trial process. If you do have questions, we are always available to answer questions or discuss what’s on your mind.
• Fierce Advocacy: We will fight hard to hold all of the parties that harmed you responsible. If insurance providers are not willing to offer a fair settlement, we are more than prepared to take every case to trial to get the best outcome possible.

When you sign with our firm, you can rest assured that we will always put your interests first. But you don’t have to simply take our word for it. Feel free to read some of the dozens of five-star reviews by former clients. 

Getting Legal Help With a Sexual Abuse Claim

No person should ever have to endure sexual abuse. What makes abuse even more tragic is that it is often entirely preventable. Schools may fail to properly monitor students. Jails may fail to vet correctional officers. Hospitals may fail to investigate credible allegations of misconduct. You don’t have to face this situation on your own.

Have you or a loved one been the victim of sexual abuse? Our team of San Diego sexual abuse attorneys is here for you. Samer Habbas & Associates remains committed to helping survivors of sexual abuse understand their rights and holding all liable parties fully accountable for their wrongful conduct. Whether you just have legal questions or are wondering how an attorney may be able to help with your particular situation, we are here for you. You can contact us anytime for a free legal consultation at (949) 727-9300.

Frequently Asked Questions