Civil Claims Against the Perpetrator
California recognizes civil claims for sexual battery — the intentional sexual touching of a person without consent — and civil assault arising from sexual violence. These claims may be brought against the perpetrator regardless of whether criminal charges are filed, and the civil standard of proof (preponderance of the evidence) is significantly lower than the criminal standard.
- Sexual battery civil claims (Civil Code § 1708.5)
- Assault and intentional infliction of emotional distress
- Punitive damages for egregious conduct
- Claims concurrent with criminal proceedings
- Claims following acquittal or nonprosecution