When a police officer or government employee uses their badge to commit sexual assault, the betrayal cuts deeper than the act itself. Survivors face unique barriers — fear of disbelief, retaliation concerns, and a legal system that can feel designed to protect institutions over individuals. The Wagner Law Group represents survivors of law enforcement sexual assault and government employee abuse across California, holding both individuals and their agencies accountable.
Free consultation. No fee unless we win. Call (833) 200-7111.
Suing a Police Officer for Sexual Assault in California
Sexual assault by a law enforcement officer is both a federal civil rights violation and a state crime. As a survivor, you have two parallel paths: criminal prosecution (handled by the government) and a civil lawsuit (which you bring to recover compensation). These paths are independent — you can pursue civil claims even if criminal charges were never filed or resulted in acquittal.
Civil claims against officers and their agencies typically proceed under:
- 42 U.S.C. § 1983 — the federal civil rights statute that allows individuals to sue government actors who violated constitutional rights under color of law
- California Government Code § 815.2 — which can hold public entities liable for employee misconduct
- California tort law — including battery, intentional infliction of emotional distress, and negligent supervision
Can You Sue the Police Department Too?
Yes — in many cases the agency itself is liable. Agency liability arises when:
- The department knew or should have known about the officer’s conduct and failed to act
- Inadequate hiring, training, or supervision enabled the abuse
- Prior complaints were ignored or suppressed
- The officer used department resources — vehicle, uniform, or authority — to carry out the assault
Our founding attorney Butch Wagner, in a case involving a Sanger Police Department officer convicted of multiple sexual assaults, put it directly: “I want to find out from the city of Sanger how this went on so much — how the city didn’t know that Torrence was out there engaging in these acts.” That question — how did the institution allow this — is central to every law enforcement abuse case we take.
The 6-Month Government Claims Deadline
This is critical: before you can sue a California government entity — police department, city, county, or state agency — you must file a Government Tort Claim within 6 months of the incident. Missing this deadline can permanently bar your civil lawsuit even if you have a strong case.
The standard personal injury statute of limitations is 2 years, but government entity claims are cut in half. Contact an attorney immediately — these deadlines are strict and unforgiving.
Do You Have a Claim?
You may have a legal claim if:
- You were sexually assaulted by a police officer, sheriff’s deputy, correctional officer, probation officer, or other government employee
- The assault occurred while the person was on duty, in uniform, or using their official position to gain access to you
- You were threatened, coerced, or manipulated using their badge or authority
- You reported the assault and were ignored, retaliated against, or the agency failed to investigate
- You have suffered physical, emotional, or financial harm as a result
Cases We Handle
The Wagner Law Group represents survivors in cases involving:
- Police officers and sheriff’s deputies
- Correctional officers and prison staff, including federal facilities like FCI Dublin
- Probation and parole officers
- Government employees in any position of authority
- Cases with agency liability — where the institution failed to screen, supervise, or stop a known bad actor
What Compensation Can Survivors Recover?
A successful civil claim can result in compensation for:
- Medical and mental health treatment costs
- Ongoing therapy and counseling
- Lost income and earning capacity
- Pain, suffering, and emotional distress
- Punitive damages in cases of egregious conduct
Beyond individual compensation, civil lawsuits against agencies drive systemic accountability — forcing policy changes, better officer screening, and improved oversight that protects future victims.
Frequently Asked Questions
What if I didn’t report it to the police?
You can still pursue a civil claim. A police report is not required to file a civil lawsuit. Many survivors of law enforcement abuse are understandably reluctant to report to the same system that harmed them.
What if the criminal case didn’t result in a conviction?
A criminal acquittal does not prevent a civil lawsuit. The burden of proof in civil court — more likely than not — is lower than in criminal court, which requires proof beyond a reasonable doubt. You can win a civil case even when criminal charges failed.
How long do I have to file?
If a government entity is involved, you typically have 6 months from the date of the incident to file a government tort claim. Act immediately — this deadline is strict.
Does it cost anything to speak with an attorney?
No. Your initial consultation is completely free and confidential. We work on contingency — you pay nothing unless we recover compensation for you.
Contact The Wagner Law Group
If you were sexually assaulted by a police officer, government employee, or someone in a position of authority — in Fresno, the Central Valley, or anywhere in California — contact us today.
Call (833) 200-7111 for a free, confidential consultation.
We’ll listen to your story, explain your rights, and tell you honestly what legal options are available. You deserve accountability. We’ll fight for it.
This article is for informational purposes only and does not create an attorney-client relationship. Contact The Wagner Law Group for a personal, confidential consultation.
