Recovering from an assault is a mentally and physically painful experience. You're likely dealing with physical pain, emotional stress, and trying to figure out the legal process. So, what should you do if you've been assaulted in California? This guide walks you through the steps—from getting the medical attention you need to exploring your options for justice, whether through criminal charges or a civil lawsuit.

It's not a question anyone wants to ask, but knowing what to do after an assault is important. This post is here to give you straightforward, practical advice to help you take control and start moving forward after such a traumatic experience.

Table of Contents:

• Immediate Steps After an Assault
  • Get Medical Attention
  • Preserve Evidence
• Reporting the Assault
  • Contact Law Enforcement
  • Reporting Resources in California
• Legal Options in California
  • Civil Lawsuit
  • Criminal Charges
• Long-Term Support and Healing
• Conclusion

Immediate Steps After an Assault

Your safety and well-being should be priority #1. After an assault, get to a safe place and seek immediate medical help.

Get Medical Attention

Even if your injuries seem minor, medical attention is critical. A medical exam addresses immediate health concerns. It also documents injuries, crucial for any potential legal action. Some hospitals have staff trained in sexual assault forensic medical exams.

If the assault was sexual, a rape kit can collect evidence. These exams are often free. If you suspect drug or alcohol was involved, request a toxicology kit.

Remember, you have the right to have evidence collected, to report the assault, or to press charges. Seeking medical care and preserving evidence is your right, even without immediately involving law enforcement. Consider resources like SART (Sexual Assault Response Team) facilities for confidential assistance in California.

Preserve Evidence

Preserving evidence is vital. Seemingly small details can be important later. Don't shower, bathe, change clothes, eat, drink, or brush your teeth until after a medical examination.

Secure the clothes you were wearing in separate paper bags (not plastic). Avoid cleaning or disturbing the assault location.

Document everything you remember about the event and the perpetrator's appearance. Keep all electronic communication: texts, emails, social media interactions – anything related to the assault. Take screenshots for additional records.

Reporting the Assault

After ensuring your personal well-being and seeking medical care, reporting the assault is important. Reporting helps pursue justice and allows access to support resources. It can be intimidating, but you don't have to handle it alone.

Contact Law Enforcement

Calling 911 or contacting your local police department initiates the process for law enforcement. This also provides official documentation. Your experience in how reports are processed may vary by county.

Law enforcement will collect witness statements and prepare a police report. You are entitled to a copy of the police report. Check your local jurisdiction for law enforcement resources. This helps understand reporting obligations.

Reporting Resources in California

Many resources support survivors in California. These include RAINN (Rape, Abuse & Incest National Network). Other state and local organizations can assist with assault charges and explain assault and battery. Consider speaking with a personal injury attorney as well, about your case.

Legal Options in California

California law allows victims to seek justice and hold perpetrators responsible for damages suffered. You can potentially recover damages and pursue justice with the help of assault injury attorneys.

Our firm represents those who would like to pursue compensation from the person that assaulted them. You can give us a call or engage with our chat to receive a free case evaluation.

Civil Lawsuit

Regardless of criminal proceedings, a civil lawsuit against the assailant offers potential financial recovery. This lawsuit addresses the harm done. It includes medical bills, lost wages, lost income, and pain and suffering.

Under California law, assault victims can pursue civil action. California Civil Jury Instructions CACI 1301 outline elements for an assault claim. A two-year statute of limitations (CCP § 335.1) generally applies, starting from the assault date.

Criminal Charges

Assault and battery (CPC § 242) involve harmful physical contact or reasonable fear of imminent harm. Defenses are available, like self-defense.

Self-defense refers to using force to protect oneself from immediate harm, even when injuries occur. Penalties for assault vary depending on several factors.

“Assault with a deadly weapon” (CPC § 245(a)(1)) occurs when the perpetrator uses a deadly weapon other than a firearm or causes great bodily injury.

Long-Term Support and Healing

Healing from an assault takes time. Resources are available in California for psychological counseling and support groups. Survivors can seek long-term mental health support.

Consider seeking support after an incident for your psychological well-being. Many organizations can help you through this process. Healing from an assault takes time and you may benefit from the support of friends and family members.

Conclusion

Navigating the aftermath of an assault in California requires careful steps and using available resources. What should I do after being assaulted in California? Begin with medical care and safety, reporting, and finding support.

Document the incident effectively. Preserve evidence for investigations and potential legal actions. These combined actions create a foundation for physical and emotional well-being, and help survivors return to life after trauma.

For those who have suffered an assault in California and would like to pursue compensation, give us a call or engage with our chat to receive your free consultation and case evaluation.