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Sexual Abuse and Assault

Sexual Abuse and Assault

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Sexual Abuse

Sexual abuse is a widespread problem affecting people of all ages and backgrounds. It can occur in various settings, including homes, workplaces, and public spaces. The American Psychological Association defines sexual abuse as unwanted sexual activity where perpetrators use force, threats, or take advantage of victims unable to give consent. Most victims know their abusers, and children are often targets, leading to lifelong struggles.

Child molestation, a form of sexual abuse, involves inappropriate physical contact between an adult and a child for the perpetrator’s sexual stimulation. Child sexual abuse encompasses a range of activities, not all involving physical contact. Examples include exposure, fondling, forced masturbation, inappropriate digital interactions, involvement with child pornography, and sex trafficking. Alarmingly, up to 93% of victims under 18 know their abuser.

While perpetrators are typically prosecuted criminally, victims can also pursue civil action for damages. In cases where the abuser gained access to the victim through an official capacity, such as a school or church, the organization may be held liable for failing to protect the public. Institutions like schools, daycares, youth organizations, and churches have a duty to safeguard children and can be held responsible if they breach this duty.

If you or someone you know has experienced sexual abuse, it’s crucial to prioritize safety and well-being. Seeking support, medical attention, and considering therapy are important steps. The statute of limitations for filing sexual abuse claims varies depending on whether the victim is a child or an adult. In many jurisdictions, there are extended timeframes for filing lawsuits related to childhood sexual abuse, recognizing the often-delayed disclosure of such incidents.

The legal process for pursuing a sexual abuse case typically involves an initial consultation, investigation and evidence gathering, filing a lawsuit, discovery and depositions, negotiation and settlement attempts, and potentially trial preparation and litigation. Throughout this process, it’s important to have support and guidance to navigate the emotional and legal challenges involved. Sexual abuse can have devastating long-term impacts on a victim’s health and quality of life. However, by speaking out and seeking justice, survivors not only work towards their own healing but also contribute to protecting potential future victims. Various resources and support organizations are available to provide guidance and assistance for those affected by sexual abuse.

It’s important to note that the defense in sexual abuse cases may employ aggressive legal tactics to discredit or intimidate survivors. Having strong legal representation can help anticipate and counteract these strategies, protect privacy and confidentiality, and challenge victim-blaming narratives. Attorneys experienced in handling sexual abuse cases can also leverage expert witnesses in fields such as psychology, medicine, and social work to provide authoritative testimony that reinforces the validity of claims and the impacts of abuse. Lastly, it’s crucial to remember that healing from sexual abuse is a journey that often requires ongoing support. Many survivors find that a combination of legal action, therapy, and support groups can be beneficial in their recovery process. By breaking the silence surrounding sexual abuse and holding perpetrators accountable, survivors play a vital role in raising awareness and preventing future incidents of abuse.

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Sexual Assault

Sexual harassment is a pervasive issue in workplaces and other social settings. It involves unwelcome physical advances, sexual remarks, or other inappropriate behaviors that create a hostile or intimidating environment. According to statistics, nearly 40% of women and 14% of men experience sexual harassment at work annually, with the actual numbers likely higher due to underreporting.

In California, sexual harassment is illegal under both state and federal law. The Fair Employment and Housing Act and Title VII of the Civil Rights Act of 1964 prohibit discrimination, including sexual harassment, in the workplace. These laws protect individuals from being treated differently due to their sex, gender identity, or sexual orientation.

There are two main types of sexual harassment: quid pro quo and hostile work environment. Quid pro quo occurs when someone in a position of power requests sexual favors in exchange for job-related benefits or to avoid negative consequences. Hostile work environment harassment involves sexual remarks or behaviors that interfere with an employee’s ability to perform their job duties.

If you experience sexual harassment, it’s important to act promptly. This includes documenting incidents, reporting them to your employer following their established policies, and potentially filing a complaint with the California Department of Fair Employment and Housing (DFEH) or the U.S. Equal Employment Opportunity Commission (EEOC). In California, you have three years to file a sexual harassment lawsuit.

Companies play a crucial role in preventing sexual harassment. California law requires businesses with five or more employees to provide regular sexual harassment training to all staff. This training covers identifying, preventing, and handling sexual harassment, as well as preventing abusive conduct and discrimination.

Taking legal action against sexual harassment can help victims seek justice and potentially recover damages. Compensation may include past and future lost wages, attorneys’ fees, and in some cases, compensatory and punitive damages. The amount can vary depending on the specifics of the case and the size of the company involved.

It’s important to note that retaliation against someone for reporting sexual harassment is illegal under EEOC regulations. This protection extends to those who resist sexual advances, witness harassment, or refuse to participate in discriminatory practices.

Resources are available for those dealing with sexual harassment. The Rape, Abuse & Incest National Network (RAINN) operates a 24/7 hotline (800-656-4673) that provides support and guidance to individuals who have experienced sexual harassment or assault.

Resources are available for those dealing with sexual harassment. The Rape, Abuse & Incest National Network (RAINN) operates a 24/7 hotline (800-656-4673) that provides support and guidance to individuals who have experienced sexual harassment or assault.

Resources are available for those dealing with sexual harassment. The Rape, Abuse & Incest National Network (RAINN) operates a 24/7 hotline (800-656-4673) that provides support and guidance to individuals who have experienced sexual harassment or assault.

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If you are someone you know has been sexually abused or assaulted, contact us immediately. We protect your rights!

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Associate

Christine Reyes

Dedicated to Protecting Employee Rights

Christine Reyes is an Associate Attorney with PLG. Ms. Reyes represents employees in a wide range of employment matters, including wage and hour claims, wrongful termination, discrimination, and retaliation. With a strong legal background, Ms. Reyes previously represented plaintiffs in personal and catastrophic injury cases, gaining valuable experience that has shaped her approach in advocating for employees facing workplace injustices.

Before becoming an attorney, Ms. Reyes worked as a personal injury paralegal and legal assistant, providing her with a comprehensive understanding of the litigation process from intake to trial preparation, to resolution. This experience gave Ms. Reyes a unique perspective on case management, strategy, and helping clients navigate the complexities of the legal system. Ms. Reyes provides effective, compassionate representation and is committed to fighting for the rights of employees.

Ms. Reyes attended the University of California, Santa Cruz and earned her law degree from Santa Clara University, School of Law. Ms. Reyes is licensed to practice law in all California State Courts and in the U.S. District Courts for the Central District of California. Ms. Reyes is fluent in Spanish.

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Associate

SUSAN HUERTA

La abogada Huerta es abogada litigante en Protección En Acción. Licenciada como abogada desde 2008, tiene más de 16 años de experiencia legal lidiando con litigios laborales altamente complejos, demandas colectivas, y derechos civiles. Sirviendo a clientes en todo California, la abogada Huerta ha logrado un éxito significativo luchando por los derechos de los empleados que han sufrido graves violaciones de sus derechos, incluyendo discriminación, acoso, disputas de salarios y horas, despido injustificado y más. Una abogada altamente compasiva y agradable, la abogada Huerta realmente se preocupa por los problemas que enfrentan sus clientes y se ha ganado la reputación de ser una defensora incansable que persigue agresivamente los resultados más favorables en nombre de sus clientes. También comprende el estrés y la ansiedad que sienten sus clientes con respecto a sus situaciones, y brinda asesoramiento y apoyo dedicados y efectivos con el mayor cuidado y respeto para ayudarlos a obtener la justicia que merecen. Habla español con fluidez y puede comunicarse directamente con muchas personas que pueden tener dificultades para hablar inglés.

En 2020, la abogada Huerta fue seleccionada como Super Lawyers Rising Star. Ella practica en las áreas de Derecho Laboral y de Empleo, incluyendo Demandas Colectivas, Despido Injustificado, Discriminación, Acoso Sexual / Agresión Sexual, Contratación y Supervisión Negligente y Derechos Civiles. La abogada Huerta está autorizada para ejercer la abogacía en California, en el Tribunal de Distrito de los Estados Unidos para el Distrito Central y Norte de California y en el Tribunal de Apelaciones de los Estados Unidos para el 9º Circuito.

En su tiempo libre, la abogada Huerta brinda asistencia legal gratuita a mujeres maltratadas y niños inmigrantes no acompañados.

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Associate

JEFFREY JIMENEZ

Dedicated to Protecting Employee Rights

Attorney Jeffrey Jiménez is a Junior Associate Attorney at Protection in Action. Attorney Jeffrey Jiménez is dedicated to ensuring that employee rights are protected in the workplace, specifically in collective and representative wage and hour actions. Attorney Jeffrey Jiménez has experience in other employment matters, such as discrimination, harassment, retaliation, and wrongful termination cases. Before joining full time, he worked as a paralegal for Proteccion En Acción along with several other public organizations and private law firms in employment law, special education law, and immigration law.

Mr. Jiménez attended the University of California, Irvine (UCI), and received his PhD from Southwestern School of Law.

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General Partner

CARLOS JIMENEZ

Extensive Experience and Knowledge

As a former partner and co-chair of his national class action practice group at a prominent employment defense firm, attorney Carlos Jiménez has extensive experience that he uses to benefit his clients. During his time as an employment defense attorney, Attorney Carlos Jiménez's practice focused on defending employers in California wage and hour class action lawsuits and PAGA matters, and he contributed to superior courts' efforts to streamline case management. class action lawsuit and PAGA. With this unique experience and knowledge, along with his extensive experience in state and federal courts, Attorney Carlos Jiménez is dedicated to preserving and protecting the rights of employees in the workplace.

Attorney Carlos Jiménez attended the University of California, Los Angeles (UCLA), and received his Professional Doctorate from Loyola Law School. As a first-generation Mexican-American, Mr. Jiménez grew up in a blue-collar family and speaks fluent Spanish. Attorney Carlos Jiménez is admitted to practice law in all California state and federal courts and the California Court of Appeals.

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