Call 911 in an Emergency or if You or Someone Else is in Imminent Danger
Caution: Please take care when searching for resources. Phone, tablet, computer and other device activity may be monitored. Visited websites may be tracked or viewed by another person. It may be safer for victims and survivors to obtain information using a device a perpetrator does not have potential access to.
Federal and California laws and CSU/Cal State LA policies prohibit dating and domestic violence, sexual violence and stalking. This prohibition applies to students, employees, and others. These laws and policies apply to conduct both on and off-campus.
Campus sanctions include suspension, expulsion, and employment termination. Perpetrators may face arrest and criminal prosecution. Offenders may have to compensate victims for crime and misconduct related expenses.
Survivors and victims have numerous rights granted by federal and state laws. A selection of these rights are outlined below. Visit one of the following resources to obtain information on eligibility criteria and how a particular right may apply to a specific situation:
Alcohol and Other Drug Use by Victims
California Penal Code
California Penal Code §13823.11 states that if testing is done to determine if alcohol or other drugs were associated with an attempted or completed sexual assault as part of a forensic rape exam that "...Toxicology results obtained pursuant to this paragraph shall not be admissible in any criminal or civil action or proceeding against any victim who consents to the collection of physical evidence pursuant to this paragraph. Except for purposes of prosecuting or defending the crime or crimes necessitating the examination specified by this section, any toxicology results obtained pursuant to this paragraph shall be kept confidential, may not be further disclosed, and shall not be required to be disclosed by the victim for any purpose not specified in this paragraph. The victim shall specifically be informed of the immunity and confidentiality safeguards provided herein."
CSU/Cal State LA Policy
Per CSU Executive Order 1095 (Note: CSU Executive Order is available at CSU Policies):
The University’s primary concern is your safety and the safety of the Campus community. The use of alcohol or drugs never makes the victim at fault for sexual misconduct. If you have experienced sexual misconduct, dating or domestic violence, or stalking you should not be deterred from reporting the incident out of a concern that you might be disciplined for related violations of drug, alcohol or other University policies. Except in egregious circumstances, University students or employees who are victims of sexual misconduct will not be subject to discipline.
Cal State LA-Based Rights
Survivors (whether student, faculty, or staff) of alleged dating violence, domestic violence, sexual misconduct and violence, and stalking have legal rights granted by the Clery Act (20 U.S.C. 1092(f)), California Education Code §67380-67385.7 and §67386, and Title IX of the Education Amendments of 1972 (34 CFR Part 106).
These rights apply to both on- and off-campus victimizations and whether or not the crimes or misconduct are reported to law enforcement; and include notification in writing of procedures survivors should follow if an incident occurs and related campus procedures; and other rights, such as the right to:
- Assistance in notifying University Police or a local law enforcement agency, if requested.
- Notification of which campus personnel should be notified.
- The right to academic assistance; and living, transportation and work accommodations if requested and reasonably available.
- Notification regarding the importance of preserving evidence.
- Information regarding the University's legal reporting requirements.
- Notification of procedures for confidential reporting.
- Being informed of on-campus and community victim support services.
- Notification of University case management procedures.
- Being informed of the right to pursue criminal prosecution and civil litigation.
- Information regarding campus judicial options and procedures.
- Protection against retaliation.
- The right to have the same opportunities as the accused individual to have others present during disciplinary proceedings.
- The right to be informed of the results of disciplinary proceedings which relate to sexual assaults. The accused individual also has this right.
Details regarding these rights are described in the University's Title IX Notice of Non-Discrimination and CSU Executive Orders (refer to Cal State LA Policies and Procedures). For additional information, please contact Aundreia Cameron, Director of Human Resources Equity and Diversity Policies and Procedures: ADM 606 • 323.343.3040 • [email protected].
Childhood Sexual Assault
On October 13, 2019, Assembly Bill 218 was approved. This bill amends California Code of Civil Procedure §340.1 to:
- Expand the definition of childhood sexual abuse, now referred to as childhood sexual assault.
- Grant childhood sexual assault survivors additional time to recover damages (e.g., file civil law suits against their assailants and other responsible parties). Survivors may now recover damages:
- 22 years from the date they reach the age of majority (currently 18) or
- Within 5 years of discovering an adulthood psychological illness that resulted from childhood sexual assault, whichever is later.
Civil Law Suits • Compensation • Restitution
Civil Law Suits
Crime victims have the right to file a civil lawsuit against their perpetrators and other responsible parties. This is an important right because restitution and compensation (see descriptions below) may not fully cover a victim's financial losses or pay for emotional damages (i.e., pain and suffering).
A civil lawsuit is an alternative or supplemental method for seeking full compensation. Civil Justice for Victims of Crime is a useful guide for those considering pursuing a civil lawsuit. Additional information and related legal assistance may be found through:
The California Victim Compensation Program helps pay crime-related expenses for certain violent crimes. Qualifying crimes include assault, child abuse, domestic violence, hate crimes, and sexual assault. Depending on circumstances, the program may pay for expenses such as: home security, relocation, medical and dental treatment, mental health services, and income loss.
For more information, including additional qualifying criteria (e.g., reporting crimes to law enforcement) or to apply for the program, visit the California Victim Compensation Board. For those survivors whose crimes occurred in another state, information is available through the National Association of Crime Victim Compensation Boards.
California law grants crime survivors the right to restitution - financial compensation from convicted offenders for crime-related expenses. Important information about restitution may be found in the Victim's Restitution Guide from the Restitution Recovery Program and in A Victim's Guide to Restitution.
Crime victims have confidentiality protections granted by the Victims’ Bill of Rights Act of 2008 (also known as Marsy’s Law) and other legislation.
California Penal Code (CPC) §293 grants victims of alleged sexual assault the right to protect their confidentiality by requesting that their name not become a matter of public record. CPC §293 requires law enforcement personnel to inform alleged victims of this right and to document the victim's response in the written incident report. This section of the Code also places restrictions on law enforcement agencies with regards to the disclosure of an alleged victim's name and address.
Child abuse, domestic violence, sexual assault, stalking and other crime victims may qualify to have their addresses kept confidential and participate in the California Secretary of State’s Safe at Home confidential address program.
When survivors disclose domestic and sexual violence and related incidents to CSU employees, the degree to which an employee is able to maintain confidentiality, and not report information to University Police or the University's Title IX Officer, is dependent on the employee's position and responsibilities. For information on Cal State LA reporting and confidentiality options, please read the University's Title IX Notice of Non-Discrimination. Further details are available through the Cal State LA Title IX Officer, Office for Equity, Diversity and Inclusion.
California Education Code §67386 states that individuals who participate as a complainant or witness in an investigation of sexual assault, domestic violence, dating violence, or stalking will not be subject to disciplinary sanctions for a violation of the institution’s student conduct policy at or near the time of the incident, unless the institution determines that the violation was egregious, including, but not limited to, an action that places the health or safety of any other person at risk...
Note: Also see Alcohol and Other Drug Use by Sexual Violence Victims.
Discrimination and Harassment-Free Education Environment
Title IX of the Education Amendments of 1972 and other laws require the University to take "responsive action" to eliminate current and prevent future discrimination and harassment incidents. Additionally, it also requires institutions of higher education to address the negative impact these incidents have on victims and the campus community.
For additional information, visit the Office for Civil Rights, U.S. Department of Education.
Employment Protections and Notifications
California Labor Code (LAB) §230 prohibits an employer from discharging or in any manner discriminating or retaliating against an employee:
- Who is a victim of a crime for taking time off to appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding.
- Who is a victim of domestic violence, sexual assault, or stalking for taking time off from work to obtain or attempt to obtain any relief, including, but not limited to, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the victim or his or her child.
- Because of the employee's status as a victim of domestic violence, sexual assault, or stalking, if the victim provides notice to the employer of the status or the employer has actual knowledge of the status.
LAB §230 also requires employers to provide reasonable accommodations for victims of domestic violence, sexual assault, or stalking who request safety related accommodations while at work.
Additionally, LAB §230.1 prohibits employers with 25 or more employees from discharging, or in any manner discriminating or retaliating against an employee who is a victim of domestic violence, sexual assault, or stalking for taking time off from work for purposes which include:
- Seeking medical attention for injuries caused by domestic violence, sexual assault or stalking.
- Obtaining services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence, sexual assault or stalking.
- Obtaining psychological counseling related to an experience of domestic violence, sexual assault or stalking.
- Participating in safety planning and taking other actions to increase safety from future domestic violence, sexual assault or stalking, including temporary or permanent relocation.
Employees who are discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated or retaliated against by their employer because they have taken time off for a purpose identified above is entitled to reinstatement and reimbursement for lost wages and work benefits, as well as appropriate equitable relief.
An employer who willfully refuses to rehire, promote, or otherwise restore an employee or former employee who has been determined to be eligible for rehiring or promotion by a grievance procedure or hearing authorized by law is guilty of a misdemeanor.
Employees who have been discriminated against are legally entitled to file a complaint with the Division of Labor Standards Enforcement of the California Department of Industrial Relations.
AB 2337, signed into law on September 14, 2016, amends and expands the requirements of LAB §230.1. The amendment requires employers to provide employees with written notification of their rights under this and related laws (new employees at hiring; other employees upon request).
File Complaints Outside the University
Survivors and others have the right to file complaints for Clery Act and Title IX violations with the Office for Civil Rights (OCR), U.S. Department of Education. For additional information, refer to the OCR Complaint Process. Note: complaints must be filed within 180 days of a violation occurrence.
Workplace discrimination complaints may be filed with the U.S. Equal Employment Opportunity Commission (EEOC)-Filing A Charge. As is the case with complaints filed with OCR, complaints generally must be filed with the EEOC within 180 days of the occurrence of the potential discriminatory act(s).
HIV Testing of Sexual Assault Perpetrators
California Health and Safety Code §121055 grants victims of rape, spousal rape, unlawful intercourse with a minor, and other sex crimes with the right to request HIV testing of perpetrators charged with these crimes.
If there is "probable cause" to believe that blood, semen, saliva, or other body fluids may have been transferred from a perpetrator to a victim the Court can order the perpetrator to be tested for HIV.
In addition, California Penal Code §1202.1 requires HIV testing of persons convicted of unlawful sodomy (anal sex) and oral copulation (oral sex), and other sex crimes if there is "probable cause" to believe that blood, semen, saliva, or other body fluids may have been transferred from the perpetrator to the victim.
In each case, victims are granted the right to receive the results of these tests.
Immigration Status Protection — U Visa & T Visa
U Nonimmigrant Status (U Visa)
Immigrant survivors (and qualifying family members) of domestic violence, sexual assault, stalking, trafficking, and certain other crimes may be eligible for the U Nonimmigrant Status (U Visa). The U Visa grants eligible individuals temporary U.S. legal status.
The U Visa is set aside for victims of qualifying crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity.
T Nonimmigrant Status (T Visa)
Immigrant survivors of labor and sex trafficking may be eligible for the T Nonimmigrant Status (T Visa). Like the U Visa, the T Visa also grants temporary U.S. legal status to eligible individuals.
The T Visa is set aside for victims of severe trafficking (i.e., labor and sex) who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. Qualifying immediate family members may be eligible for derivative nonimmigrant status.
Additional Information and Qualifying Criteria
It's extremely important when applying for U Visas and T Visas to obtain required certifications and accurately complete and submit all applicable application forms and documentation. Obtaining legal assistance with the application process is recommended. Some local hotline agencies offer related no-cost or low-cost legal services to the survivors they serve.
The Legal Aid Foundation of Los Angeles is a local law firm that provides assistance to immigrant victims and survivors. A directory of other local agencies that provide legal assistance with the U Visa and T Visa application process may be found through the Los Angeles County District Attorney's Office-U Visas/T-Visas page.
Law Enforcement and Judicial System Rights
Victims' Bill of Rights and Marsy's Law
- Be treated with fairness and respect.
- Be reasonably protected from the defendant.
- Prevent the disclosure of confidential information or records to the defendant.
- A speedy trial and a prompt and final conclusion of the case.
- Be informed, upon request, of the conviction, sentence, place and time of incarceration, or other disposition of the defendant
- Participate in the parole process.
- Have the safety of the victim, the victim’s family, and the general public considered before any parole or other post-judgment release decision is made.
California Penal Code section 679.026 (c)(1) mandates that law enforcement agencies investigating criminal acts and prosecuting agencies provide (or make available) crime victims with a "Marsy's Rights" card, at no cost to the victim. This card provides an overview of rights under Marsy's Law and includes related resources.
- Marsy's Card is available in the following languages: Armenian, Cambodian, Chinese, English, Hindi, Hmong, Italian, Japanese, Polish, Portuguese (Brazilian), Punjabi, Romanian, Russian, Tagalog, and Vietnamese.
Additional information on victims' rights is available through the Office of the Attorney General's Victims' Services Unit.
Sexual Assault Victims' Rights
California Penal Code §679.04 grants sexual assault victims the right to have an advocate and other support person of their choice with them during investigative interviews conducted by law enforcement, district attorney's offices, and defense attorneys or others acting for the defense.
Domestic Violence Victims' Rights
California Penal Code §679.05 grants victims of domestic violence or abuse the right to have a domestic violence advocate and a support person of the victim's choosing present at any interview by law enforcement authorities, prosecutors, or defense attorneys.
Victims of federal crimes also have legally entitled rights. Visit the Office of the Attorney General's Resources - If You are a Victim of a Federal Crime for information.
Release of Convicted Perpetrators
Domestic violence, stalking and other crime victims and witnesses have the right to receive hearing notifications and prior notice of the release of convicted perpetrators per CPC §646.92 and other laws. Information on this confidential service is available through VINELink (Victim Information and Notification Everyday).
Restraining orders are court orders that can help protect victims from abuse, stalking, serious harassment, threats of violence, and other crimes. Restraining orders can be an important component of a safety plan. Depending on circumstances, a survivor may need more than one type of restraining order (e.g., domestic violence restraining order and a gun violence restraining order).
Crime victims have the right to request a restraining order from a superior court (Find Your Court). Available restraining orders include:
- Emergency protection orders: Call 911 when in imminent danger. Responding law enforcement can request emergency protective orders 24-hours a day. These orders are valid only for a few days. Different types of restraining orders are needed for longer term protection.
- Civil harassment restraining orders are used for protection from neighbors, roommates, coworkers, or family members like cousins, and others.
- Domestic violence restraining orders are used for protection from current or former intimate partners or close family members.
- Elder or dependent adult abuse restraining orders are the appropriate orders for use if a victim is 65 or older; or 18—64 and a dependent adult.
- Gun violence restraining orders prohibit individuals who are a threat to themselves or others from having firearms and ammunition. The gun violence restraining order can require these individuals to surrender weapons and ammunition to law enforcement. Emergency gun violence restraining orders may be requested from law enforcement.
- Workplace violence restraining orders are orders that an employer may file at a victim's can request for protection against workplace violence.
The Los Angeles County Bar Association's Domestic Violence Legal Services Project offers document preparation assistance for temporary restraining orders. Some local domestic and sexual violence agencies also assist with the protective/restraining order application process.
Right Not to be Threatened, Intimidated or Retaliated Against
Crime victims have the right to report criminal acts against them to law enforcement and to participate in the judicial process. Witnesses also have the right to report crimes and participate in the judicial system.
Per California Penal Code §136.1, it is a crime for anyone to prevent or dissuade (or make attempts to do so) crime victims and witnesses from:
- Making crime reports to law enforcement officers, prosecuting agencies, judges, and other officials.
- Attending or giving testimony at trials and other legal proceedings.
Threats and intimidation that include the threat of or actual use of force or violence, or are for monetary gain are felony acts.
CSU executive orders 1096 and 1097 prohibit "retaliation for exercising any rights under this policy, opposing Discrimination or Harassment because of a Protected Status, or for participating in any related investigation or proceeding."
Safely Surrender Baby
The Safely Surrendered Baby Law allows a parent or person with lawful custody to confidentially and safely give up an unwanted infant. No questions are asked. Names don't have to be given. There is no prosecution for abandonment as long as the baby is not abused or neglected.
The baby must be surrendered to a fire station or hospital within 3 days of birth. Babies must be surrendered to a fire station or hospital employee. Surrendered infants are placed in pre-adoptive homes during the adoption process. Parents or persons with lawful custody have up to 14 days from the time of surrender to reclaim their babies.
For additional details, click on Safely Surrendered Baby Law. Information is available in Chinese, English, Korean, and Spanish.
Sex Crimes Statutes of Limitations
Signed into law on September 28, 2016, the "Justice for Victims Act" (SB-813) eliminates the statute of limitations for certain sex crimes. The law does not modify the burden of proof, but it provides victims and survivors extended time to seek justice for the crimes committed against them.
Under the Act, criminal prosecution can be initiated at any time for various sex crimes. These crimes include rape, sodomy, lewd or lascivious acts, continuous sexual abuse of a child, oral copulation, and sexual penetration. The law applies to crimes committed after January 1, 2017. The law also applies to earlier acts for which the statutes of limitations were still in effect on January 1, 2017.
Sex Offenders and the Campus Community
The Sex Offender Registration Act requires individuals convicted of sex crimes to register with local law enforcement where they live. This law also requires Cal State LA students, employees, volunteers, and others who are registered sex offenders to register with the University Police Chief of Police.
California Penal Code §290.01 further requires registration with University Police to occur within 5 days of enrollment, employment, volunteering, etc. The law also confers University community members with the right to receive information about sex offenders on campus. For additional information, contact University Police (323.343.3700; 911 in case of emergency).
Information about registered sex offenders is also available through:
Sexual Assault Forensic Exam
The rights granted survivors of attempted and completed sexual assault by California Penal Code §13823.11 include the right to obtain and consent to forensic and medical exams. Survivors also have the right to refuse consent for any portion of these exams without losing the right to receive care and treatment for injuries and potential sexually transmitted infection and pregnancy resulting from the assault.
No-Cost Forensic Exam Without Requirement to Participate in the Criminal Justice System
Sexual assault survivors have the right to receive the forensic exam at no cost to the victim, without a requirement to participate in the criminal justice system (California Penal Code §13823.95). This right enables prompt evidence collection while at the same time giving survivors time to begin to process what has occurred and to consider how they want to proceed. Survivors have the right to remain anonymous and not provide any identifying information. Local hospitals that offer no-cost anonymous exams may be found through the National Sexual Assault Hotline, (800) 656-HOPE (4673).
Presence of Sexual Assault Counselor (Advocate) and Support Person
California Penal Code §264.2 grants sexual assault survivors the right to have a sexual assault counselor and a support person of their choice present at evidence or physical exams. Counselors may be requested by calling a national or local domestic and sexual violence 24-hour hotline or by requesting an advocate at the medical facility performing the exam.
California Civil Code §1946.7 makes it easier for victims and household members of victims of certain crimes to terminate tenancy because of qualifying victimization. This right may allow victims/household members of victims to move to safer locations sooner than they would otherwise be able to.
Qualifying crimes include:
Dependent adult abuse
- Domestic violence
- Sexual assault
- Reduces the time limit for a tenant to give notice of intent to vacate to a landlord.
- Allows supporting documentation by qualified third parties (i.e., health practitioner, domestic violence counselor, sexual assault counselor, or human trafficking case worker).
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