Talk to a Lawyer
Speaking with an attorney can give you insight into your legal options regarding a consent violation.
What are the benefits?
The attorney’s job is to be your advocate.
Attorneys have a responsibility to maintain confidentiality.
An attorney can advise you about your situation, help you understand the process and let you know what you might expect if you move forward.
An attorney can provide expertise in achieving a specific outcome such as: a punishment for the offender, protection for yourself, immigration relief, educational benefits, financial compensation, etc.
An attorney can provide guidance surrounding case timelines.
An attorney can help you prepare a formal report to the police.
An attorney can help you prepare a victim impact statement and/or file for Victim Compensation.
If the attorney takes your case, they can represent you in legal proceedings.
What are the potential risks?
Attorneys can range in cost from $100-$300 per hour. Therefore, a lawyer is not accessible to everyone. However, some resources are available to help support folks in meeting legal expenses. Do not be afraid to negotiate prices, especially if they propose to charge you for electronic research, faxing, photocopying. Avoid flat fee agreements.
Attorneys are not always trained for mental health support.
Not all attorneys are sex work friendly. It is important to ensure that a lawyer will not discriminate against you for your occupation. Sometimes the first person you speak to may not be the best match. In that case, speak to another lawyer.
What else should I know?
While attorneys do cost money, an initial consultation with them about your case is often free (especially if you decide not to engage them).
An attorney may tell you things you do not want to hear, such as the difficulties involved in trying to achieve your goals.
Although this may not be practical, you should try to speak to more than one lawyer. You will likely benefit from hearing different points of view on the issues facing you. You will be able to compare legal charges (which vary widely in the legal community). Very importantly, you will increase the chances of finding someone with whom you feel compatible. Being able to trust your lawyer is very important.
If you have a bad experience with one lawyer, that does not mean you do not have a valid claim.
Do not rely on the internet, friends, or relatives as reliable sources of information about the law.
How do I proceed when I'm ready?
Ask others in the industry for referrals to lawyers they’ve worked with. If you have worked with a lawyer in a completely different area of law (wills, criminal defense, divorce) and trust them, ask a lawyer for a referral. It would be ideal, but not necessary, that the lawyer have familiarity and comfort with working in the world of adult entertainment and civil rights.
Free Speech Coalition may be able to provide a list of attorneys who have worked in the industry. However, we can not and do not provide recommendations or endorsements.
It does not take much preparation to speak to a lawyer. You want to have available as much relevant information as possible. You want to ask about legal fees.
Before you choose a lawyer, ask for a legal retainer agreement. A legal retainer agreement is routine.
What should I do afterward?
Review the retainer agreement carefully and negotiate as necessary.
After you hire a lawyer, expect to have regular and effective communication. It is the lawyer’s job to make sure you understand fully what the lawyer is doing for you. If you do not understand, demand to have it explained in a way that you understand.
Expect legal billing to be specific and detailed. If it is not detailed and specific, raise your concern.
Follow your lawyer’s advice. If you think that the advice is bad, talk to another lawyer, but avoid ignoring it and going off on your own.
More resources
Bay Area Legal Aid offers support in meeting basic needs and free help in overcoming economic barriers and getting access to resources having to do with housing, domestic violence, health and safety. They only offer services to those in the Bay Area in California and it includes a toll-free helpline that can offer legal advice.
Racial Economic Justice provides legal aid to those facing barriers to employment. This organization also offers a toll-free line for contact.
Legal Momentum Helpline provides information and assistance for those who have experienced gender discrimination or gender-based violence in the workplace, home or school.
WomensLaw.org Email Hotline provides referrals and information to people of all genders who have experienced sexual violence.
Take Back the Night Legal Hotline provides free 24/7 support so you can learn your legal options.
APAC Stamp for Professionals offers sex work approved providers including therapists, physicians, accountants, attorneys and more.
Take Back the Night Legal Hotline provides free 24/7 support so you can learn your legal options.
Find a Lawyer is a National Employment Lawyers Association database of attorneys who represent employees in employment law cases, including sexual harassment and gender discrimination issues.
Transgender Law Center’s Legal Information Helpdesk provides basic information about laws and policies that affect transgender people across many areas, including employment, health care, housing, civil rights, immigration, prisoners’ rights, and identity document changes.
Lambda Legal's Help desk provides information and resources relating to discrimination based on sexual orientation, gender identity and gender expression, and HIV status.
The Legal Network for Gender Equity and the TIME’S UP Legal Defense Fund connects people who face sex discrimination—like sex harassment—at work, at school, or when getting health care, with attorneys.