What is rape, exactly?

Rape is defined as sexual intercourse without consent.

It occurs between spouses, intimate partners, acquaintances, friends, and strangers.

It may occur because one person was drugged, disabled, threatened, coerced, or trafficked.

It happens to women, men, and children.

It is a form of sexual assault, and often used as a display of power by the attacker.

And it is not your fault.

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Five important things survivors and families should know

If you are a victim of rape, or if your loved one was raped, time can feel like it is slowing down around you. It’s easy to become overwhelmed. But there are five things we want you to know:

1. The attacker is to blame. Rape is a crime, committed by a perpetrator. You did not commit the crime. You are not guilty of being raped. You are NOT to blame for what happened to you.
2. You are not alone. Rape and sexual assault are isolating experiences. You may have a difficult time speaking about the experience. You might feel like you are all alone in this, but you’re not. There are numerous resources available to you, whether you are a survivor yourself, or you want to help a loved one.
3. You have legal rights. You can file a civil lawsuit. You can work with the DA to ensure that he or she presses charges. You can keep your identity private if you wish. Time is of the essence though, and it is important that you contact a lawyer who specializes in helping victims of sexual assault as soon as possible. Depending on the circumstances surrounding the abuse, other parties may share responsibility for the pain you endured.
4. You can start the healing process on your own schedule. There is no rule about when you have to start to heal. This is an incredibly sensitive issue, and you are allowed to take the time you need to process what was done to you. But you should know that, in time, you will begin to heal – and that’s okay, too.
5. You have an ally in us. Going to court for any reason can be frightening, we know. That is why we will always be your advocate, fighting for you, your family, and your future.

Rape can happen anywhere

It is a terrifying truth that rape and sexual assault can occur virtually anywhere, with men and, in some cases, women from all walks of life acting as perpetrators. According to the Rape, Abuse & Incest National Network (RAINN), sexual assaults including rape occur:

• In or near the home (55%)
• In or near a relative’s home (12%)
• In an open, public space (15%)
• At school (8%)
• In an enclosed, public space (10%)

Almost half of all survivors were either sleeping or engaged in some other activity in their homes. Almost a third were traveling.

Coping with the trauma and life-altering effects of rape

The effects of rape are deeply rooted and can affect every area of the victim’s life, from relationships to professional endeavors to general psychological well-being. Rape can be extremely difficult physically as well as emotionally and psychologically, with some injuries lasting a lifetime. It is important to choose a law firm with experience in rape and sexual assault cases so that the case is handled with sensitivity and with an eye toward statutes of limitations and proper protocol.

We hold your attacker responsible

About 97% of rapists will never spend a day in jail. All too often, rapists are “let off the hook,” slipping through the cracks or getting swept under the rug by a society that is unwilling to address the problem of sexual assault and sexual violence. Our attorneys are dedicated to holding perpetrators of rape and sexual assault responsible for their dehumanizing actions and to help their victims find closure and achieve justice.

We work with the police to punish the attacker criminally for the wrong. We work with doctors, counselors, and therapists to understand the physical and psychological impact. And we work with investigators, local agencies and our full in-house team to help obtain a settlement or verdict that is right. Our office is a space where victims and their families can speak freely and know that they will be heard.

We hold your attacker’s employer responsible

Per RAINN, about 12% of survivors were working when the attack occurred.

There are many reasons to pursue legal action against the employer of a perpetrator of rape or sexual assault — not the least of which is to protect other potential victims from abuse, violence, and exploitation at the hands of predators who would seek to use these companies and organizations as a sanctuary.

California employers have an obligation to utilize proper screening techniques in order to detect the presence of sexual predators at their place of business, including thorough background checks on all potential hires to determine if any have a prior history of perpetrating rape or sexual assault.

Employer failure to follow up on sexual assault and rape complaints

In addition to overlooking or failing to investigate an employee’s history of rape and assault, employers may also fail to thoroughly investigate complaints that could have helped prevent the rape in question.

Perpetrators often exhibit certain red flags or warning signs prior to actually committing acts of rape or assault, and these signs may be noticed — and even reported — by observant co-workers, supervisors, clients, or customers. Employers who receive such complaints have a duty to follow up and remove the employees in question if their behavior warrants such treatment.

Unfortunately, many employers simply ignore sexual assault complaints or try to actively cover up such complaints. Those employers must be held accountable for their negligent actions or deliberate failures.

Duty to provide proper security from rape and sexual assault

California employers, under the premises liability laws of the state, have a duty to protect workers and visitors to their worksites from attacks. They are required to install security procedures and devices that can help prevent criminal conduct during working hours. Property owners are responsible for extra security measures in high-crime areas or if their business involves large crowds, alcohol and/or nighttime activities.

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