California Police Sexual Assault Lawyer

The police sexual assault lawyers at The Wagner Law Group represent survivors of sexual misconduct by law enforcement across California. Call us at (833) 200-7111 or contact us online for a free, confidential consultation today.

The Wagner Law Group’s police sexual assault lawyers represent survivors of sexual misconduct by law enforcement throughout California — assaults during traffic stops, in custody, and under color of authority. Your consultation is private and free, and we’ve recovered over $300 million for the people we represent. Call (833) 200-7111.

When a law enforcement officer uses the power of the badge to sexually assault, coerce, or exploit someone, it is one of the most serious betrayals of public trust imaginable. Survivors are often left feeling that no one will believe them, that the system protects its own, and that coming forward is too frightening. It is not. California and federal law give survivors strong, confidential paths to hold both the officer and the agency that enabled them accountable.

Call us now at (833) 200-7111 for a free, confidential consultation, or Contact Us below and we will reach out to you.

The Wagner Law Group handles these cases with the sensitivity they require and the experience they demand. We manage everything — investigation, evidence preservation, and litigation — with discretion, so you can focus on healing. Our attorneys don’t get paid unless you win, and in many cases we can file under a pseudonym to keep your identity out of the public record.

We represent survivors in cases involving:

• Sexual assault during a traffic stop or detention
• Sexual assault in custody — jail, holding cell, patrol car, or booking
• Unlawful and abusive searches conducted to humiliate or assault
• Coerced sexual acts under color of authority
• Exploitation of detained, intoxicated, undocumented, or vulnerable individuals
• Department cover-ups of known patterns of abuse

No matter how powerful the agency on the other side, our commitment is the same: full accountability, complete confidentiality, and results.

Why Choose Our California Police Sexual Assault Lawyers?

At The Wagner Law Group, we only get paid when you do. That’s not just a policy — it’s our commitment that your case matters as much to us as it does to you.

Our attorneys have earned some of California’s most respected legal recognitions:

• AV Preeminent Award — the highest possible rating in legal ability and ethical standards.
• The Exemplary Leadership Award from Central California Legal Services.
• Top Attorneys in Northern California by SF Magazine, recognizing our record of victories and ethical standards.

We’ve recovered over $300 million for clients across California. These cases are legally complex and emotionally difficult, and that track record is the result of thorough investigation, aggressive litigation, and a willingness to take a city, county, or agency all the way to trial.

Assaults During a Stop or in Custody

Many cases involve an officer who used a traffic stop, transport, or detention to commit an assault. The fact that you were stopped, arrested, or in custody never gives an officer that right and does not weaken your claim — it strengthens it.

Coercion Under Color of Authority

When an officer threatens arrest, charges, or deportation to demand sexual contact, that is a civil rights violation. We hold both the officer and the department that enabled them accountable.

When the Department Looked the Other Way

Officers who assault often have a history of complaints the agency ignored. We investigate prior complaints, disciplinary records, and supervision failures to build a claim against the department itself.

Understanding the Law That Protects Survivors

Sexual misconduct by an officer is both a civil rights violation and a personal injury, and survivors can pursue several overlapping claims.

42 U.S.C. Section 1983

Sexual assault by an officer acting under color of law violates the Constitution — including Fourth Amendment protections against unreasonable seizures and Fourteenth Amendment protections of bodily integrity and due process. Federal civil rights law allows survivors to sue the individual officer and, in many cases, the agency, with recovery of damages and attorney’s fees under Section 1988.

California Bane Act (Civil Code 52.1)

The Bane Act allows enhanced damages when an officer interferes with constitutional rights through threats, intimidation, or coercion — conduct at the core of sexual misconduct by someone wielding the authority of the badge.

Monell Claims Against the Department

When an agency hired an officer with a history of complaints, failed to supervise or train, or buried prior reports of abuse, the city or county itself can be held liable for enabling the misconduct.

Qualified Immunity Does Not Shield Sexual Assault

Qualified immunity does not protect officers from clearly unlawful acts, and sexual assault is never within the lawful scope of police authority. This defense rarely succeeds in these cases.

How a Police Sexual Assault Claim Works

These claims require sensitivity, careful evidence preservation, and a clear theory of liability against both the officer and the agency.

Deadlines Are Different — and Often Longer — for Survivors

The strict six-month government-claim deadline that applies to many police misconduct cases generally does not apply to survivors of sexual assault by a law enforcement officer. California Government Code section 945.9 exempts these survivors from the standard government tort claim requirement when the assault occurred while the officer was employed by a law enforcement agency. Adult survivors also benefit from significantly extended timelines under Code of Civil Procedure section 340.16, and survivors who were children at the time may have no deadline at all for incidents on or after January 1, 2024. Because these rules are nuanced and several deadlines can interact, the safest step is simply to talk with us — we will confirm exactly what timeline applies to your situation at no cost.

Building the Case and Protecting Your Privacy

Most sexual assaults have no witnesses, and the law does not require one. We build these cases on your account together with evidence such as body-camera footage, dispatch and GPS records, medical findings, communications, and the officer’s prior complaint and disciplinary history. Federal civil rights claims are filed in United States District Court, and in many cases survivors can proceed under a pseudonym such as Jane Doe or John Doe to keep their identity out of the public record. We pursue confidential and anonymous filing wherever the law allows.

Types of Compensation in a Police Sexual Assault Case

• Economic Damages: Counseling, therapy, and medical treatment costs, plus lost wages and diminished earning capacity.
• Non-Economic Damages: Emotional distress, trauma, PTSD, and pain and suffering.
• Punitive Damages: Awarded against an officer who acted with malice.

How We Handle Your Case From Start to Finish

• Free, Private Consultation: A confidential conversation with no obligation to move forward.
• Investigation: We secure footage, records, and the officer’s complaint history.
• Protecting Your Identity: We pursue pseudonym filing and confidentiality wherever the law allows.
• Filing the Complaint: We bring federal civil rights and state-law claims against the officer and the agency.
• Discovery: We build the record through depositions, document requests, and expert analysis.
• Trial: Our attorneys are experienced trial lawyers, fully prepared to go the distance.

Why California Survivors Choose The Wagner Law Group

Choosing the right attorney isn’t just about experience — it’s about finding someone who will treat you with respect and your case with the urgency it deserves.

Here’s what sets us apart:

1. Proven Results: Over $300 million recovered for clients across California.
2. No Fee Unless We Win: You pay nothing upfront. We only get paid when you do.
3. Privacy First: We protect your identity and pursue anonymous filing where the law allows.
4. We Hold Everyone Accountable: Both the individual officer and the department that enabled them.
5. Experienced Trial Lawyers: Agencies know we will go to trial. That matters at the negotiating table.

Prior results do not guarantee a similar outcome. Every case is unique and must be evaluated on its own facts. This page provides general information and is not legal advice.

Contact us today at (833) 200-7111 or online for a free, confidential consultation. You will be heard, and you will be believed.

If your case involves other law enforcement abuse, we also represent families and survivors in police shooting and deadly force cases and handle personal injury matters throughout the Fresno area.

What to Do If You’ve Been Sexually Assaulted by a Police Officer

If an officer has assaulted you, none of this is your fault, and you have options. When you’re ready, these steps help protect both you and any future claim:

• Get to a safe place and reach out to someone you trust.
• Seek medical care. A medical or forensic exam can document injuries and preserve evidence — but you can still pursue a claim even if time has passed or no exam was done.
• Write down what you remember while it’s fresh — names, badge or patrol-car numbers, dates, times, locations, and what was said.
• Preserve anything connected to the encounter — texts, call logs, citations, or booking paperwork.
• You do not need a police report or internal complaint to bring a civil claim.
• Speak with a confidential attorney before giving any recorded statement to the department.

There is no wrong time to reach out. Even if the assault happened years ago or you’ve never told anyone, we can talk through your options privately and at no cost.

Areas We Serve

The Wagner Law Group represents survivors of police sexual assault throughout the State of California from our office at 7815 N Palm Ave #410, Fresno, CA 93711. We handle cases statewide, including the Central Valley, the Bay Area, the Sacramento region, the Central Coast, and Southern California.

Frequently Asked Questions

Can I keep my name private if I file a lawsuit?

In many cases, yes. Survivors of sexual assault can often file under a pseudonym, such as Jane Doe or John Doe, to keep their identity out of the public record. We take privacy seriously and pursue confidential and anonymous filing wherever the law allows.

What if I was arrested or in custody when it happened?

It does not matter. The fact that you were detained, arrested, or in custody never gives an officer the right to assault you, and it does not weaken your claim. People in custody are among the most protected from this kind of abuse, and we represent survivors regardless of the circumstances of their detention.

What if there were no witnesses?

Most sexual assaults have no witnesses, and the law does not require one. These cases are built on your account along with evidence such as body-camera footage, dispatch and GPS records, medical findings, communications, and the officer’s prior complaint history. We know how to find and preserve that evidence.

Will I have to face the officer in court?

In most cases, no. The majority of these claims resolve through settlement before trial. If your case does go to trial, we prepare you fully and stand with you throughout — and pseudonym protections can keep your identity out of the public record. You are never alone in the process.

Can I still file if I never reported it or there’s no police report?

Yes. Many survivors never report at the time, for reasons that are completely understandable. A civil claim does not require a prior police report or internal complaint. We can build your case from medical records, communications, agency records, and the officer’s history.

What if the officer still works for the department?

You can still file. An officer’s continued employment does not bar your claim — and in many cases it strengthens a claim that the department failed to act on what it knew. We hold both the officer and the agency accountable.

Do I have to file within six months like other police claims?

Usually no. California law exempts survivors of sexual assault by law enforcement from the standard six-month government-claim deadline, and adult survivors typically have far longer to file. Because the exact deadline depends on your situation, we will confirm it for you during a free consultation.

How much does it cost to hire a police sexual assault lawyer?

Nothing upfront. The Wagner Law Group works on a contingency fee basis — you pay nothing unless we recover compensation for you.

Disclaimer: The information on this page is provided by The Wagner Law Group for general informational purposes only and does not constitute legal advice. Reading this page or contacting our firm through it does not create an attorney-client relationship, which is formed only by a signed written agreement. Every case is different, and prior results do not guarantee a similar outcome. Laws and filing deadlines change and vary by situation — do not rely on this page in place of advice from a licensed attorney about your specific circumstances. If you have a potential claim, consult a qualified attorney promptly, as strict deadlines may apply. This may be considered attorney advertising.