When someone engages in oral copulation without consent, it can leave a lasting impact on your life. Worse, you may be acting on behalf of a loved one, including your child, who may have suffered because of another person’s actions. This experience can be painful and scary, especially if you or your family are concerned about retaliation or violence.
Fortunately, there are steps you can take to get closure and some peace of mind after child sexual abuse. With the right tools and evidence, you may be able to demand justice by pressing charges or even filing a lawsuit.
Oral Copulation Laws Mean Perpetrators May Face Criminal and Civil Cases
If another person has committed oral copulation against you or a loved one, you may have grounds for a lawsuit as well as criminal charges. Under California Penal Code (PC) 287, oral copulation is a crime defined as one person’s mouth making contact with another person’s genitals through force or fear. Adding force or fear means the act must have been done without the other person’s consent, possibly through threats of violence or retaliation.
Felony charges like these may come with a 3 to 8-year sentence, which can have ongoing penalties for your housing, employment, and more. According to California Penal Code 290, those charged with this crime may also be included on the sex offender registry. However, proving the perpetrator who hurt your child can require a high level of evidence.
You should be aware that these criminal charges do not compensate for the suffering you or a loved one may have experienced. You may instead seek compensation through a personal injury claim, where you may be able to prove the other party acted in a harmful way that impacted your life. While the criminal case must be completed first, the evidence gathered there can be used to support your child exploitation complaint, even if the criminal charges were dismissed.
You May Have Grounds for Compensation for Your Claim
Following serious losses and suffering caused by oral copulation without consent, you may have grounds for a lawsuit. However, you may need help understanding what your claim is worth and how to get the full value you need for a sexual abuse claim. Below are some of the damages you may be eligible for that can inform the value of your claim.
Economic Damages
If you or a loved one was injured, you may have grounds for economic damages or compensation for your financial losses. These damages cover all current and future damages, including hospital bills and lost income. While the mental and emotional toll may be higher in these cases, do not hesitate to include any bills that have added up because of your case.
Non-Economic Damages
You may also have grounds for non-economic damages, which cover the mental and emotional suffering you have experienced because of the incident. These damages are intangible, meaning they can be hard to calculate. These non-economic damages may include:
- Emotional trauma
- Pain and suffering
- Fear and anxiety
- Loss of enjoyment of life
Because these damages are calculated differently than economic damages, you may need more help determining their value. Typically, their value is based on the severity of the suffering you have experienced and its impact on your life. Do not hesitate to include all types of suffering you have endured.
Punitive Damages
When a person has made you suffer in a way that results in criminal charges, you may also be due punitive damages. According to California Code Section 3294, punitive damages offer damages that do not compensate for a specific loss, but they can punish the person who committed oral copulation against you or a loved one. These damages are not always awarded in sexual abuse cases, but when they are, your settlement could dramatically increase.