If you were sexually abused by staff while incarcerated in a California prison, jail, or detention facility, you have legal rights — and the decisions you make in the days and weeks following the abuse can significantly impact your ability to recover compensation. This guide is designed to help survivors understand their rights and protect their legal interests. Call 833-200-7111 for a free, confidential consultation. No fee unless we win.
If You Are Currently Incarcerated
Coming forward while still incarcerated carries real risks. Fear of retaliation from staff is legitimate and documented — particularly at facilities like FCI Dublin and CCWF in Chowchilla. However, retaliation against inmates for reporting sexual abuse or pursuing legal claims is illegal under federal and California law.
If you are currently incarcerated, here is what you can do to protect yourself:
- Write down everything that happened in as much detail as possible and keep it somewhere private
- Note the date, time, location, and name or description of the staff member involved
- Note any witnesses who may have seen or heard what happened
- Contact an attorney confidentially — attorney-client communications are legally protected
- Do not sign any documents presented by prison staff or administration without speaking to an attorney first
Understanding PREA — The Prison Rape Elimination Act
The Prison Rape Elimination Act (PREA) is a federal law that requires all correctional facilities to have procedures for preventing, detecting, and responding to sexual abuse. Under PREA, every incarcerated person has the right to report sexual abuse without fear of retaliation.
Key PREA protections include:
- The right to report abuse to someone other than the abuser
- The right to report to an outside agency if internal reporting feels unsafe
- Protection from retaliation for reporting
- Access to medical care and mental health treatment following abuse
- Confidential access to outside legal counsel
Filing a PREA complaint does not replace a civil rights lawsuit — it is a separate process. Contact an attorney to understand how both may apply to your situation.
Critical Deadlines — Do Not Wait
Missing a legal deadline can permanently forfeit your right to compensation. Deadlines vary depending on the type of facility:
- California state prisons (CDCR facilities like CCWF, CIW, Valley State Prison) — You must file a government tort claim with the California Victim Compensation Board within 6 months of the abuse before a lawsuit can be filed. This is the most critical deadline for state prison survivors.
- Federal prisons (FCI Dublin and other BOP facilities) — Claims under the Federal Tort Claims Act must be filed within 2 years of the incident. Bivens claims have varying deadlines depending on the circuit.
- County jails and local detention facilities — Government tort claim deadline of 6 months applies for county-operated facilities.
If you are a state prison survivor and the abuse occurred within the last 6 months, you must act immediately. Contact us today so we can file the required government tort claim on your behalf before the window closes.
If You Were Released — Steps to Take Now
- Write down everything you remember about the abuse in as much detail as possible
- Gather any documentation you have — grievances filed, medical records, mental health records from inside
- Note the names or descriptions of any staff members involved
- Note any other inmates who witnessed the abuse or experienced similar treatment
- Seek medical and psychological care if you have not already done so
- Contact an attorney before speaking to anyone else about your case
Do Not Sign Anything Without Speaking to an Attorney
Prison administrators, CDCR representatives, or Bureau of Prisons staff may contact you about your allegations. Do not provide recorded statements, sign any releases, or accept any form of compensation without first consulting an attorney. Signing any document may waive your right to pursue full compensation through a civil rights lawsuit.
What Compensation Can Survivors Recover
- Pain and suffering
- Emotional distress and psychological trauma
- Medical and mental health treatment costs
- Punitive damages against individual abusers
- Damages against the institution for failure to prevent abuse
- Loss of dignity and civil rights violations
Active Cases We Are Handling
- FCI Dublin Sexual Abuse — Federal prison scandal. Multiple staff convicted. Cases still open.
- Chowchilla Prison Sexual Abuse — CCWF state prison. 130+ survivors. 6-month deadline applies.
Affected by a different facility? Contact us — we evaluate cases from all California prisons, jails, and detention centers.
Can I file a claim if I am still in prison?
Yes. You do not need to be released to pursue a civil rights claim. Attorney-client communications are legally protected. Contact us confidentially and we will advise you on how to move forward safely.
What if the abuse happened years ago?
Depending on the circumstances, there may still be legal options available. Late claim relief is sometimes available under California law. Contact us immediately so we can evaluate whether your claim can still be pursued.
What if I never reported the abuse internally?
You are not required to have filed an internal report to pursue a civil rights claim. Many survivors never reported abuse out of fear of retaliation — this is well-documented at facilities like FCI Dublin and CCWF. Your claim is valid regardless of whether you reported internally.
What if I signed something or was pressured to stay quiet?
Agreements signed under coercion or pressure from prison staff or administration may not be legally enforceable. Contact us regardless — we can review your situation and advise you on your options.
How much does it cost?
Nothing upfront. We work on contingency — no fees unless we win your case. Consultations are always free and confidential.
This page is for informational purposes only and does not constitute legal advice. Every case is different. Contact our office for guidance specific to your situation.