Sexual Assault at Work in California: Your Legal Rights and Options

Sexual assault in the workplace is not only a devastating personal violation — it is both a crime under California law and grounds for significant civil legal action against both the individual perpetrator and your employer. If you have been sexually assaulted at work, you have more legal options than you may realize, and you deserve an attorney who will fight for every one of them.

Understanding Sexual Assault in the Workplace Under California Law

Workplace sexual assault occupies the most serious end of the harassment spectrum. While all sexual harassment is illegal under California's Fair Employment and Housing Act (FEHA), sexual assault crosses additionally into criminal territory — simultaneously a workplace violation and a crime.

In the workplace context, sexual assault includes any unwanted sexual touching or forced sexual activity committed against an employee. This encompasses:

• Rape or attempted rape in a workplace or work-related setting
• Forced sexual acts short of rape
• Sexual battery — intentional, unwanted sexual touching of an intimate part of another person's body (California Penal Code § 243.4)
• Groping or forced physical sexual contact
• Forced exposure to sexual acts
• Any nonconsensual sexual contact in a work context, including at work events or on business trips

The severity of sexual assault means it almost always satisfies the "severe" standard under FEHA in a single incident — no pattern of behavior is required. One assault is enough to bring both criminal charges and a civil employment lawsuit.

Criminal Law vs. Employment Law: Two Separate Tracks

Many victims do not realize they can — and often should — pursue both criminal and civil remedies simultaneously. These are entirely separate legal systems with different goals, processes, and outcomes.

The Criminal Track

Sexual battery under California Penal Code § 243.4 is a criminal offense. Depending on the circumstances, it can be charged as a misdemeanor (up to six months in county jail) or a felony (up to four years in state prison). More serious sexual assaults carry substantially higher penalties under California's Penal Code.

To initiate the criminal process, you report the assault to law enforcement — the police department or sheriff's office in the jurisdiction where the assault occurred. The district attorney's office then decides whether to prosecute. You are the victim-witness in a criminal case; the state is the plaintiff. A criminal prosecution can result in jail time, sex offender registration, and a permanent criminal record for the perpetrator.

The Civil Employment Track

Separately and simultaneously, you can pursue a civil claim under FEHA against your employer for failing to prevent, stop, or adequately respond to the assault. The civil process compensates you — with money damages — rather than punishing the perpetrator through the state. Civil and criminal cases have different standards of proof: criminal requires proof "beyond a reasonable doubt," while civil requires only a "preponderance of the evidence" (more likely than not).

This means you can win your civil employment case even if the criminal case does not result in a conviction — or even if you decide not to press criminal charges at all.

When Is Your Employer Liable for a Sexual Assault by a Coworker or Supervisor?

This is the question most workplace assault victims need answered. Your employer can be held liable under California law in several circumstances:

Strict Liability for Supervisor Assaults

If the person who assaulted you was your supervisor or manager, California FEHA imposes strict liability on the employer. The employer cannot claim it did not know, did not condone it, or had a harassment policy. Putting someone in a supervisory position makes the employer legally responsible for how that supervisor treats the employees under their authority.

Negligent Hiring, Retention, or Supervision

Even if the assailant was a coworker (not your supervisor), your employer may be liable under a negligence theory if:

• The employer hired someone with a known history of sexual misconduct
• The employer received prior complaints about this person and failed to act
• The employer failed to investigate red flags or warning signs before they escalated to assault
• The employer allowed conditions (isolated workspaces, late-night access, unmonitored situations) that made assault foreseeable

Failure to Take Corrective Action After Reports

If you or anyone else previously reported sexual harassment or misconduct by this person and the employer failed to respond promptly and effectively, the employer bears significant liability for the assault that followed. The legal principle is that known, unaddressed harassment can foreseeably escalate — and the employer's failure to stop it earlier makes them responsible for the consequences.

Third-Party Assaults

If a client, vendor, or other third party assaulted you, your employer may still be liable if they knew the third party posed a risk and failed to protect you, or if they required you to continue working with someone who had already engaged in harassing behavior.

What Damages Are Available in a Workplace Sexual Assault Case?

Workplace sexual assault cases can yield substantial damage awards because the harm is serious, multidimensional, and often career-altering. Recoverable damages include:

• Lost wages and benefits — back pay, future lost earnings, lost promotions, and lost benefits if you left or were forced out of your job
• Medical expenses — emergency treatment, ongoing medical care related to the assault
• Therapy and mental health treatment costs — PTSD, anxiety, depression, and other psychological harms are common and compensable
• Compensatory damages for pain and suffering — for the emotional and psychological impact of the assault itself
• Punitive damages — intended to punish the employer for egregious conduct; in sexual assault cases, juries regularly award substantial punitive amounts
• Attorney's fees and costs — California law allows recovery of legal fees if you prevail under FEHA

Statutes of Limitations: How Long Do You Have?

California has strengthened victim protections over time, and the deadlines now give survivors meaningful time to act. That said, deadlines matter — do not wait.

• FEHA harassment claim: Three years from the date of the last harassing incident to file with the California Civil Rights Department (CRD), pursuant to California AB 9.
• Civil sexual assault lawsuit: Under California AB 1619, the statute of limitations for civil sexual assault claims is 10 years from the assault or 3 years from discovery of the psychological injury, whichever is later. This extended window recognizes that trauma can delay a survivor's ability to pursue legal action.
• Criminal report: There is no deadline to file a police report in most felony sexual assault cases in California, though prompter reporting typically helps the investigation.

While the statutes of limitations are generous, evidence — memories, records, witnesses — becomes harder to preserve over time. The sooner you consult with an attorney, the stronger your case will typically be.

Immediate Steps After a Workplace Sexual Assault

If you have just experienced a workplace sexual assault, here is what to prioritize:

1. Get to safety first. Remove yourself from the situation and get to a safe location.
2. Seek medical attention if needed. Even if you are not visibly injured, a medical exam can document physical evidence and connect you with support resources.
3. Preserve evidence. Do not shower, change clothes, or disturb any physical evidence if you may pursue a criminal report. Preserve any texts, emails, or other communications.
4. Consider calling RAINN (1-800-656-HOPE) or the California Coalition Against Sexual Assault for immediate support and guidance.
5. Report to law enforcement if you choose to. You are never obligated to file a police report, but doing so creates an official record and initiates criminal accountability.
6. Report to your employer in writing. Notify HR or management. This creates a legal record and triggers your employer's duty to investigate and protect you.
7. Consult a California employment attorney immediately. An attorney can guide you through the parallel legal processes, protect you from retaliation, and begin building your civil case.