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SEXUAL ABUSE

Sexual Abuse Attorney Putting You First.

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 Los Angeles Sexual Abuse Attorney Providing Representation to Victims Throughout California

Being a victim of sexual abuse and/or sexual assault is traumatic, emotionally overwhelming and debilitating.

 

If you are a victim of sexual abuse and/or sexual assault, it’s important to understand that you are not to blame. It is not your fault, and you did nothing wrong. Oftentimes, your abuser is knowingly using his or her position of power to intimidate you into engaging in otherwise unwanted sexual activity. More often than not, the abuser is someone you know, such as: a pastor, a religious figure, a schoolteacher, a nanny, a caregiver, a doctor, a mentor, a coach, an unsupervised classmate, an idol, a counselor or other individual. Most egregious, these institutions that employ or supervise these abuser’s put these abuser’s first by attempting to cover-up the abuse, deny it, and silence you only to leave you with a lifetime of psychological and emotional trauma as well as health issues/disorders. These crippling emotional scars may take years to heal, and victims are entitled to recovering compensation needed for services that help victims heal from the trauma.

While institutions put abuser’s first, Nabati Law puts victims of sexual abuse and assault first by providing a safe space for a victim and or survivor of sexual abuse and their families to come forward and explore their legal options confidentially. If you are a victim of sexual assault, abuse, or harassment, you do not need to go through the pain alone. Nabati Law is here to stand by you and give you a powerful voice in your pursuit to hold your abuser accountable. We recognize the weight a victim of abuse carries, and Nabati Law provides support and resources for clients navigating their brave choice to come forward.

 

You are not alone in the fight against your abuser.

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Justice You Deserve

Nabati Law helps victims of sexual abuse and their families explore and pursue their legal rights and seek justice and compensation from the institutions that failed to protect them, including churches, summer camps, schools, religious organizations, youth recreation organizations, daycare centers, nursing homes, sports organizations, fitness centers, etc. We represent victims of sexual assault and victims of sexual abuse, whether they are still minors or are now well into adulthood, in their civil claims against their abusers and the institutions that failed to protect them.

We help recover monetary damages including:

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  • Medical expenses

  • Lost wages or loss of future earning potential

  • Your pain and suffering

  • Your loss of companionship with your partner

  • Physical injuries

  • Emotional trauma

  • Psychological effects

  • Tangible financial impact

Sexual Assualt

Sexual assault does not have one definition. Sexual assault includes any sexual act by another without your consent. Sexual assault includes, but is not limited to:

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  • Rape, 

  • Threats, 

  • Sodomy, 

  • Attempted rape, 

  • Fondling or unwanted sexual touching, 

  • Forcing a victim to perform sexual acts, such as oral sex or Penetrating the perpetrator’s body, 

  • Penetration of the victim’s body, also known as rape,

  • Seduction.

And yes, you could be raped or assaulted by a spouse, intimate partner, acquaintance, or stranger. If you did not consent to the sexual touching, then you have been sexually assaulted. Consent is invalid in instances where you complied to the unwanted sexual act because you were:

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  • Wrongful termination

  • Workplace Discrimination including age, sexual orientation, medical condition, pregnancy, race or national origin, religion

  • Whistleblower Retaliation

  • Equal Pay and Gender Discrimination

  • Misclassification 

  • Sexual Harassment

  • Sexual Abuse

  • Wage & Hour Violations

  • Failure to accommodate

  • Failure to engage in an Interactive Process

  • Hostile Work Environment

  • Denial of Leave of Absence

  • Racial Harassment

Consent is invalid in instances where you complied to the unwanted sexual act because you were:

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  • threatened,

  • forced against your will, 

  • physically unable to grant consent because you were sleeping, unconscious, unaware, disable, inebriated, or drugged,

  • mentally unable to give consent,

  • under the age of 17,

  • under the age of 18, and the abuser was 18 or older.

Child Sexual Abuse

Unfortunately, our children and youth are the most vulnerable and innocent targets of sexual assault and abuse.

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It's unfathomable that sexual assault and abuse exists at all, let alone amongst children. Protecting your child against his or her abuser by filing a civil lawsuit is always an option. Nabati Law is here to guide you and your family though the civil process and hold your child's abuser accountable.

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Childhood sexual abuse is a form of child abuse. All 50 states agree, and have laws recognizing that a child cannot consent to any form of sexual activity, period. Therefore, a perpetrator engaging in sexual activity with a child is not only committing a crime but is sexually abusing the child. The abuse will emotionally scar and alter the child’s life indefinitely.

Child sexual abuse is not only physical, but also includes:

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  • Exposing oneself to a minor (indecent exposure)

  • Fondling a minor

  • Intercourse

  • Masturbation in the presence of a minor or forcing the minor to masturbate

  • Obscene phone calls, text messages, or digital interaction

  • Producing, owning, or sharing pornographic images or movies of children (proliferating Child Pornography)

  • Sex of any kind with a minor, including vaginal, oral, or anal

  • Sex trafficking

  • Any other sexual conduct that is harmful to a child’s mental, emotional, or physical welfare

  • Forcible Rape

  • Psychological Pressure of Coercion

We Must Protect Our Children

We have a duty to protect our children from sexual abuse.

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Although abusers can be manipulative and silence children from reporting the abuse, as parents and adults we must be stronger than the abuser and break the silence. Creating a dialogue with children is imperative to keeping them safe.

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Look for the Warning Signs

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First, we must spot the warning signs. There are both physical and behavioral signs victims of childhood sexual abuse endure.

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PHYSICAL SIGNS INCLUDE

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  • Bleeding, bruises, or swelling in genital area

  • Bloody, torn, or stained underclothes

  • Difficulty walking or sitting

  • Frequent urinary or yeast infections

  • Pain, itching, or burning in genital area

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BEHAVIORAL SIGNS INCLUDE

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  • Changes in hygiene, such as refusing to bathe or bathing excessively

  • Develops phobias

  • Exhibits signs of depression or post-traumatic stress disorder

  • Express suicidal thoughts, especially in adolescents

  • Has trouble in school, such as absences or drops grades

  • Inappropriate sexual knowledge or behaviors

  • Nightmares or bed-wetting

  • Overly protective and concerned for siblings, or assumes a caretaker role

  • Returns to regressive behaviors, such as thumb sucking

  • Runs away from home or school

  • Self-harms

  • Shrinks away or seems threatened by physical contact

The Effects of Childhood Sexual Abuse Can Last a Lifetime.

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Childhood sexual abuse has a lasting and life altering effect of children, especially if gone unnoticed and untreated. Aside from the fact that their most formative, innocent and impressionable years of their life has been unjustifiably robbed from them, child victims experience a lifetime of trauma and pain. The illnesses and disabilities sustained from the abuse sometimes require a lifetime of treatment and therapy. Even with all the treatment in the world, abused survivors are unable to fully experience a peaceful and normal life. Survivors may spend a lifetime treating conditions related to their abuse, and the abuser must be held responsible for their actions and these expenses. It is impossible to undo the abuse that took place, but it is possible and imperative that the victims receive the compensation they deserve to treat the psychological and psychiatrist treatment needed to aid in recovering from the abuse.

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Survivors of sexual abuse suffer from a variety of mental and physical illnesses in varying degrees. Most commonly, survivors experience depression, but also experience:

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  • Anxiety disorders

  • Eating disorders

  • Personality disorders

  • Post-traumatic stress disorders

  • Relationship and intimacy issues

  • Somatic disorders

  • Gastrointestinal health 

  • Gynecologic or reproductive health

  • Pain

  • Cardiopulmonary symptoms

  • Obesity 

  • Increased drug use and/or abuse

Sexual Abuse Lawyers

Who Will Fight for You

If you have learned that your child or a loved one is a victim or survivor of sexual abuse, or if you are a survivor of childhood sexual abuse, you are justifiably feeling anger, helplessness and trauma.

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Nabati Law is ready and equipped to help explore all legal options confidentially and will tirelessly seek the justice and compensation deserved. Your child deserves the brightest future, and we are ready to help make that happen. Nabati Law is here for all abused victims and will provide a free, confidential, no-risk case evaluation. The only thing at risk is the future.

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Statue of Limitations

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Coming forward with your story of sexual abuse or assault can be difficult and scary. You may decline to come forward for a variety of reasons including embarrassment, shame, emotional trauma, or fear of no recourse, to name a few. Despite your ultimate decision, you must preserve your rights before the statute of limitations expires. California law bars claims that do not fall within the statute of limitations, therefore keeping a victim or survivor from pursuing their rights and receiving the compensation he or she deserves. California law recognizes that survivors of sexual assault and abuse do not immediately come forward with their experiences, and affords victims the following time frame to come forward with their civil claims:

 

Currently, adult victims of sexual assault may file a civil claim within 10 years from the date of the attack, or three years from the discovery of a disease or illness related to the attack. The latter is important to know because psychological injuries and illnesses caused by the sexual assault may manifest or appear years later.

 

If you are an adult survivor of childhood sexual abuse, you must file a claim by the time you are 40 years old, or within 5 years of the discovery of the abuse. Additionally, if you are an adult survivor of childhood sexual abuse and were previously barred from initiating a civil lawsuit because the statute of limitations had expired, you now have three years to initiate a lawsuit and revive a claim.

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SEXUAL ABUSE

FAQ'S

What is sexual harassment?

 

Under California law, sexual harassment is defined as unwanted sexual contact in two scenarios. The first scenario of sexual harassment is defined as quid pro quo harassment. This occurs when an employee’s employment is conditioned on the employee’s submission to unwelcome sexual advances. The second scenario is when an employee s subjected to unwelcomed sexual conduct that was so severe or pervasive to create an abusive environment for the employee.

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Who may sue an employer for sexual harassment?

 

Unlike a discrimination suit where an employee is eligible to sue an employer for discriminatory practices, in a sexual harassment suit, any person who does work for the company may sue for sexual harassment. Whether you are male or female, an employee or an independent contractor, you are protected against sexual harassment by California laws.

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Does the sexual harassment have to be perpetrated by a member of the opposite sex?

 

No. Every single person, whether male or female, or an employee or independent contractor, is protected against sexual harassment in California by a member of the same sex or opposite sex REGARDLESS of the perpetrator or victim’s sexual orientation. In other words, the perpetrator and/or the victim does not need to identify as being a homosexual.

Do sexual harassment laws only protect to the person being harassed?

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In California, sexual harassment law protects employees who are being sexually harassed as well as other employees not directly experiencing the sexual harassment personally. If the sexual harassment permeates the employee’s work environment but is not directly being subjected to the sexual harassment, that employee may still have a sexual harassment claim if that employee is able to prove that the harassment was so severe or pervasive that it created a hostile work environment. The court will look at many factors to determine whether the conduct was so severe or pervasive including:

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  • The frequency of the conduct

  • The severity of the conduct

  • Whether the conduct was physically threatening, humiliating, or was a mere offensive utterance

  • Whether the conduct reasonably interfered with the employee’s work performance

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What happens if its only my word against my employer’s word?

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By nature, sexual harassment cases are “he said/she said” cases. This does not mean you have on case! So, do not get discouraged into silence. You may still prevail on a sexual harassment suit because there are so many factors to consider in making your word more credible than your employers or harassers. It is best to always consult with a California sexual harassment attorney to learn about you rights and evaluate your claim. A California sexual harassment attorney will help you determine the best course of action to bring your claim forward and prevail on your claim.

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I am fearful that I will be retaliated against or fired if I report harassment, what should I do?

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Speaking up for your rights can be scary, especially if you feel like your job security and income is on the line. Don’t worry, California law recognizes this and protects you for this exact reason. California laws against retaliation against employees who repot sexual harassment are strong and will protect you. California retaliation laws strictly prohibit an employer from retaliating against anyone who has:

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  • opposed practices of sexual harassment and/or discrimination or 

  • has filed a complaint, testifies or assisted in any proceeding involving sexual harassment

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If your employer retaliates against you for engaging in any of the above-mentioned actions, you have a separate retaliation cause of action against your employer for its wrongful conduct after you complained or reported harassment. This means that in California, you can receive more compensation for the retaliatory conduct your employer subjected you to aside from the original sexual harassment it also wrongfully subjected you to.

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How do I legally protect my rights if I have been sexually harassed?

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If you have been subjected to sexual harassment, you should document all of the instances of sexual harassment you have experienced or have witnessed another employees experience. It is wise to immediately consult with a California sexual harassment attorney to learn about your rights and evaluate your claim as soon as possible so that the harassing conduct stops.

 

If you wish to contact your employer first to resolve the harassment, you should speak to the appropriate contact person at your company and file a report. This may be your human resources department, supervisor, or other contact person outlined in your employee handbook. Of course, some companies do not have a formal human resources department, or worse, you may be experiencing the harassment by the very person you are to report complaints to. In these types of scenarios, you should report the harassing conduct to someone you trust.

 

If you do wish to contact your employer to report the sexual harassment, you should memorialize the details in writing to the company. 

 

Sexual harassment can also be emotionally taxing and traumatic. You should also consider consulting with a mental health professional to ensure that you are getting the proper mental health advice necessary to move forward and deal with your trauma.

 

You should also know that you can bring a sexual harassment claim while you are still employed by your employer. First you should file a claim with the Department of Fair Employment and Housing or with the Equal Employment Opportunity Commission. You will have the choice to have the administrative agency you filed the claim with (either the DFEH or EEOC) to either investigate your claim or immediately prove you with a right to sue letter granting you the right to sue your employer in civil court.

 

Filing administrative claims properly and protecting your legal claim is difficult. Therefore, you should consider consulting a California sexual harassment attorney to help you pursue your claim sooner rather than later.

Does there need to be actual touching for sexual harassment to occur?

 

No. Sexual harassment includes a wide range of inappropriate behavior, not just unwanted sexual touching. California law recognizes that sexual harassment includes discreet and unwelcome forms of inappropriate sexual behavior. These are examples of sexual harassment that are prohibited and potentially actioinable in California:

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  • Requests for sexual favors

  • Unwanted sexual advances or propositions

  • Verbal conduct

  • Sluts or derogatory comments

  • Comments about a person’s body, appearance, or sexual activity

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In some instances of sexual harassment, California law has found that leering looks, offensive gestures, derogatory posters, cartoons or drawings have been sufficient to create a hostile working environment.

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Does sexual harassment only apply to the workplace?

 

No. Frequently, sexual harassment cases most often arise in an employment relationship. However, with the rise of the #MeeToo movement, many laws have passed to define and expand sexual harassment protection in California. California Civil Code Section 51.9 has clarified that sexual harassment is prohibited in a wide variety of business, service or professional relationships. For example, California law, via California Civil Code Section 51.9, imposes liability for sexual harassment in business, service or professional relationships, and lists a non-exhaustive list of professional relationships subject to California sexual harassment laws:

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  • Client and accountant

  • Banker and financial planner

  • Client and investor, 

  • Client and elected official, 

  • Client and lobbyist, 

  • Client and director, and 

  • Client and producer

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Additionally, to prevail on sexual harassment claim under 51.9, a plaintiff must show that “[t]here is a business, service, or professional relationship between the plaintiff and defendant.” To prove that there was such a relationship between the plaintiff and defendant, the plaintiff must establish that “the defendant holds himself or herself out as being able to help the plaintiff establish a business, service, or professional relationship with the defendant or a third party.” As long as you can prove that there was some professional relationship between you and the defendant, wherein the defendant held him or herself out as being able to help you in a professional way, you may be able to bring forth a sexual harassment claim against him or her.

 

If you wish to pursue a sexual harassment claim against someone you have a professional relationship with, the law can get tricky and a California sexual harassment attorney well versed in this area of law can really help determine whether you have a claim and are entitled to compensation.

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Do sexual harassment laws only protect to the person being harassed?

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In California, sexual harassment law protects employees who are being sexually harassed as well as other employees not directly experiencing the sexual harassment personally. If the sexual harassment permeates the employee’s work environment but is not directly being subjected to the sexual harassment, that employee may still have a sexual harassment claim if that employee is able to prove that the harassment was so severe or pervasive that it created a hostile work environment. The court will look at many factors to determine whether the conduct was so severe or pervasive including:

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  • The frequency of the conduct

  • The severity of the conduct

  • Whether the conduct was physically threatening, humiliating, or was a mere offensive utterance

  • Whether the conduct reasonably interfered with the employee’s work performance

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What happens if its only my word against my employer’s word?

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By nature, sexual harassment cases are “he said/she said” cases. This does not mean you have on case! So, do not get discouraged into silence. You may still prevail on a sexual harassment suit because there are so many factors to consider in making your word more credible than your employers or harassers. It is best to always consult with a California sexual harassment attorney to learn about you rights and evaluate your claim. A California sexual harassment attorney will help you determine the best course of action to bring your claim forward and prevail on your claim.

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What if I take long to come out with my sexual harassment story/report will it impact my claim?

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The statute of limitations in sexual harassment cases are not so clear cut. California sexual harassment law does understand that bringing forth a sexual harassment claim may be scary and take the victim time to process. However, you still must act fast if you wish to bring a sexual harassment, discrimination, and retaliation claim against your employer in California. Starting January 1, 2020, California employees will have 3 years to file a charge under the Fair Employment and Housing Act. This will afford people who are alleging sexual harassment to process the incident before filing a claim. 

 

Despite the three-year window given to file a claim with the DFEH, employees should not wait to peruse a sexual harassment claim. Opposing party will try to invalidate your experience the longer you wait and claim that you have not suffered any damages. Little do they know the emotional trauma you have endured and the difficulty and strength in deciding to come forward with your sexual harassment allegation against your employer. Additionally, the longer you wait to report the misconduct or sexual harassment, the more your employer’s ability to investigate the incident reduces. However, this should not dissuade you from reporting the horrific sexual harassment you were subjected to.

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What are the chances that my sexual harassment case will go to trial?

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Very slim. Most sexual harassment cases get settled before going to trial either prelitigation, after litigation and some discovery, or right before trial.

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Sexual Abuse Resources

We are a full-service firm. We are here for you whenever, wherever. If you want to meet in person, but cannot drive to our office, we will drive to you. We also offer online video consultations, phone consultations, and text consultations. Below are some resources that may help provide immediate attention to you and your case. These valuable resources may also help keep you informed about sexual abuse, harassment your and civil rights.

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