Rehab Center Sexual Abuse

Find Justice After Surviving Sexual Abuse at a Rehab Facility

When a person seeks care at a residential or outpatient treatment facility, they are entrusting their recovery to those companies and the professionals there. Sexual abuse—including sexual harassment, sexual misconduct, or sexual assault—is a gross violation of that trust, and the consequences for survivors last a lifetime.

The shame and trauma of sexual abuse lead many survivors to keep it a secret. As a result, it is estimated that only 1 in 10 incidents is reported for patients under medical care (ACOG). For people suffering from substance use disorder (SUD), reporting sexual abuse can be even more difficult. The trauma can easily perpetuate the cycle of substance abuse that they tried to escape. 

Under California Civil Code § 51.9, survivors can pursue civil remedies to recover damages for sexual abuse while a patient under the care of a medical professional. For survivors, navigating the legal process is both time-consuming and emotionally difficult.

If you or a loved one experienced sexual abuse at a California rehab facility, you don’t have to seek justice alone. At MSD Lawyers, we’re here to guide you through the process. Learn more about what you can do by reaching out to us today at (213) 583-2154 or contacting us for a consultation. 

You Can Trust MSD Lawyers to Fight for You

At MSD Lawyers, we strive to be not just legal representatives but also a source of support and empowerment for our clients. Survivors trust us to advocate for them for many reasons:

1. Holistic, survivor-centered advocacy that prioritizes our clients’ emotional well-being and physical safety
2. Deep knowledge of California Civil Code § 51.9, Business and Professions Code § 726, and related statutes that protect patients in therapeutic and healthcare settings
3. A proven track record representing clients in cases of sexual misconduct at residential treatment facilities and detox centers across California
4. Aggressive advocacy to hold powerful institutions responsible and ensure survivors receive compensation that reflects the depth of their trauma, including emotional distress, therapy costs, punitive damages, and more
5. A relationship built on trust in our ability to protect survivors’ rights and empower them to find healing and justice

Understanding Your Rights as a Survivor of Sexual Abuse

Almost any sexual contact between healthcare providers and patients is prohibited and considered unprofessional conduct that can rise to a criminal offense. As a patient under the care of a medical provider, patients are considered dependent adults. That creates a significant power imbalance that is considered exploitative. As a result, sexual contact, even with patient consent, is a gross violation of ethical and professional codes of conduct. 

Medical professionals or staff who have taken advantage of a patient under their care may face severe penalties, such as the revocation of medical licenses and criminal charges. Facilities found to be liable in part for the abuse may face penalties as well, including fines and loss of licenses or certifications to treat substance use disorder patients.

In California, sexual abuse does not require third-party corroboration to pursue a case. With sworn testimony and circumstantial evidence, survivors can seek civil and criminal justice from their abuser. Survivors have the option for confidentiality protections, like filing suit under a pseudonym.

There is a limited window for you to file suit, however. In California, the window to seek damages is typically two years. However, there are exceptions, such as extended windows for victims who were minors at the time and a recent, limited look-back window that allowed survivors to come forward after the statute of limitations. 

While it is difficult for any survivor of sexual abuse to come forward, an experienced lawyer can help you understand your rights and what you would have to do to pursue a civil case in a timely manner.

Critical Steps to Take After Experiencing Sexual Abuse at a Rehab Facility

Survivors of sexual abuse often feel lost and isolated. But they are not alone— and by following these key steps, they can help find justice and closure for themselves.

1. Ensure your safety immediately after the incident by seeking out trusted family or friends.
2. Report the misconduct to the facility’s management or an authority figure.
3. Document what happened as soon as possible by writing down details and preserving any physical evidence of the experience.
4. File a complaint to the appropriate licensing board, the Department of Health Care Services, and the police.
5. Consult an attorney as soon as possible to avoid the statute of limitations.
6. Consider a civil lawsuit to seek compensation.
7. Focus on healing—emotionally and physically.

    

These steps don’t all happen overnight. From the initial report to a final resolution, it could take months or even longer. An experienced attorney can help you handle everything in a timely manner.

Experienced Lawyers Can Help You Overcome the Challenges of Pursuing Justice

The unique challenges of sexual abuse cases that occurred in rehab facilities can be overcome with the help of experienced lawyers. 

MSD Lawyers can help you answer the critical questions for your unique case. Is there enough evidence and credibility to support a case? Will survivors have to face their abuser or be open to retaliation? Should you accept a settlement or take it to trial?

Let us help you answer all these questions and more with a consultation. Reach out to us today at (213) 583-2154 or contact us to get started.