Prison Sexual Assault Attorney

Attorneys For Prison Sex Assault Claims in California

Sexual assault between staff and inmates in U.S. prisons is a serious issue that needs to be addressed. It involves any type of unwanted sexual contact between a staff member and an inmate, including touching, feeling, or grabbing in a sexually threatening way; sexual intercourse or other sex acts using force or the threat of force; rape; and nonconsensual oral or anal sex. In many cases, victims of staff-on-inmate sexual assault are afraid to report the crime due to fear of retaliation or further abuse.

Can I sue for being sexually abused or assaulted in prison?

Yes, you can sue for being sexually abused or assaulted in prison. If your civil rights were violated and you suffered physical or emotional harm as a result of the abuse or assault, you can pursue monetary damages to cover medical bills, lost wages, pain and suffering, and other losses associated with the incident. To successfully win a prison sex assault case in California, it is important that you hire an experienced attorney who has a history of success in these cases and can provide the legal representation you need to get justice.

General sexual assault questions:

  • Have you ever been the victim of sexual assault by a guard or other staff member?

Specific sexual violence questions:

Has a guard or other staff member ever

  1. Touched you, felt you, or grabbed you in a way that you felt was sexually threatening?
  2. Tried or succeeded in touching your genitals?
  3. Tried or succeeded in getting you to touch someone else’s genitals when you didn’t want to?
  4. Tried or succeeded in getting someone else to touch, grab, or feel your genitals when you didn’t want to?
  5. Made you have sex, or subjected you to unwanted sexual contact, by using force or threatening to harm you or someone close to you?
  6. Required you to perform sexual acts as a way to protect yourself from future harm?

Unfortunately, this type of sexual violence is all too common in U.S. prisons. A recent study regarding women’s prisons found that more than 1 in 4 women incarcerated in U.S. prisons have been the victim of staff-on-inmate sexual assault. This type of violence can have long-lasting psychological and physical effects, including post-traumatic stress disorder, depression, anxiety, and other mental health issues.

(415) 534-1911 Call now to review your case with our intake specialist. During this call, our intake specialist will review your claim regarding the prison sexual assault claim.


California Statute of Limitations for Civil Claims for Adult Sexual Assault

Adult Sexual Assault: California’s recent statute of limitations expansions impact civil claims for sexual assault of adults, depending on when the sexual assault occurred.

For sexual assaults that occurred on or after January 1, 2019

California law allows survivors to file a claim within ten years from the date of the sexual assault or within three years from finding out they were injured because of the sexual assault.

For sexual assaults that occurred between January 1, 2009, and January 1, 2019

On January 1, 2023, the Sexual Abuse and Cover-Up Accountability Act, otherwise known as California Assembly Bill 2777, went into effect.

  • This law opens up a three-year “lookback window” permitting survivors to file civil claims for sexual assault beginning on January 1, 2023, and ending on December 31, 2026.
  • This three-year window applies to sexual assault committed on or after January 1, 2009, with the exception of claims that were litigated to finality in court or compromised by a settlement agreement, before January 1, 2023.

If not for this new law, if a survivor was sexually assaulted in California between January 1, 2009, and January 1, 2019, the statute of limitations for their civil claim for sexual assault might have expired. This new law may permit survivors to take legal action for otherwise barred civil claims by “reviving” those claims during this three-year lookback window that closes on December 31, 2026.


Seeking Compensation for Being Sexually Assaulted by Prison Staff while in Prison? – Contact The Law Firm of Potter Handy Today

Prisoners deserve safety, respect, and dignity – regardless of their circumstances. It is unacceptable that women in prison are often victims of sexual assault by guards and other employees.

At The Law Firm of Potter Handy, our attorneys have extensive knowledge in handling prison sexual assault claims and are committed to helping victims seek compensation for their physical, emotional, and financial losses. We strive to ensure that victims of this type of abuse receive the justice they deserve.

If you or anyone you know has been the victim of sexual assault in prison by a prison guard or staff member, it is important to get legal help right away. Contact us today for a free consultation. We are here to fight for your rights and make sure that justice is served.

(415) 534-1911 Call now to review your case with our intake specialist. During this call, our intake specialist will review your claim regarding the prison sexual assault claim.