How To File A Clergy Sex Abuse Lawsuit In California (2026)

What Allegations Go Into a Sexual Assault Civil Lawsuit?

A sexual assault civil lawsuit requires proving that you were involved in sexual acts without your consent. This can range from sexual harassment to rape. An experienced clergy sexual assault attorney can listen to your story, provide advice and guidance, and help you understand your best legal options to pursue justice.

You will probably allege at least one intentional tort against the perpetrator in a sex abuse lawsuit. Battery is a common claim in these cases since it covers any intentional contact that is harmful or offensive. To prove intent, you only need to show that the contact was deliberate rather than accidental.

The degree of harm or offense is based on a reasonable community standard. Thus, a civil battery occurs if a reasonable person would have been harmed or offended, even if the perpetrator claims they did not mean to harm or offend.

Another possible claim in a sex abuse lawsuit is assault. A perpetrator commits civil assault when their words or actions put the survivor in fear of an imminent battery. This is why sexual harassment might qualify as civil assault even if an attack never occurred, as long as the survivor reasonably believed it could happen.

Importantly, you don’t need to prove a lack of consent in a sex abuse case as a victim. Instead, it is up to the perpetrator to allege consent as a defense. If the perpetrator raises this defense, your California sexual abuse attorney can gather and present evidence to fight it. For example, if the survivor was abused as a child, their age would prove that they were too young to consent.

Damages Survivors Can Seek in Clergy Abuse Cases in California

In a case involving clergy sexual abuse in California, you can receive damages to cover your medical expenses, including therapy sessions, as well as damages to address any income you may have lost. If you can’t return to work because of your injuries, including psychological ones, you can receive compensation for your loss of earning capacity.

Additionally, non-economic damages compensate you for the emotional and physical distress you experienced. Sexual abuse can leave scars that don’t always have a dollar value attached to them, but are just as significant. These damages account for those non-monetary losses.

Trauma can have impacts that involve both economic and non-economic aspects as well. If you needed a prescription for anxiety medication due to the trauma, for instance, the cost of the consultation and prescription would be an economic loss. The discomfort, insomnia and mental stress you experienced would be a non-economic loss.

How Long Do I Have to File a Clergy Abuse Claim in California?

In California, adults who were abused as children typically have until they turn 40 or five years from when they discovered the abuse had occurred.

Clergy Sex Abuse Lawsuit: Who Can I Sue?

In clergy sexual abuse lawsuits, you can sue the individual perpetrator as well as the institutions they were part of. You can do that by relying on vicarious liability laws. These laws allow you to hold principal parties (the institution) responsible for the actions of their agents.

In addition to vicarious liability claims, you can also claim that an institution’s own actions enabled or facilitated the perpetrator, such as in the following situations:

• Hiring or retaining the clergy member despite knowing or suspecting abusive behavior
• Moving the clergy member to a different location to escape abuse allegations
• Failing to supervise the clergy member or implement rules to minimize risks
• Neglecting to warn other churches of concerning behavior when the clergy member changes jobs

Including the institution in the lawsuit is often beneficial to the survivor because a church may have assets and liability insurance policies to cover a damage award against it.

Choosing a Clergy Sexual Abuse Lawyer in California

To find the right attorney, you need to look for someone with experience in lawsuits involving clergy sexual abuse in California. They should have obtained substantial settlements or jury awards for their clients and have positive testimonials.

Beginning a Lawsuit With Help From ConsumerShield

At ConsumerShield, we can put you in contact with leading and trusted lawyers in your area. With legal help, you can begin your lawsuit and focus on healing from the trauma you have sustained. Contact us to learn more about our services.