California Statute of Limitations for Sexual Assault
- Important 2024 Update: California has eliminated the deadline to file a childhood sexual abuse lawsuit for anyone whose abuse occurred on or after January 1, 2024, allowing victims to bring an action anytime. If you are 40 or older at the time of filing, your attorney is required to include a certificate of merit.
- For incidents that occurred before January 1, 2024, and before the victimās 18th birthday, the claim can be filed until either turning 40 or within five years of discovering psychological injury caused by the assault.
- For incidents after the victimās 18th birthday, the claim can be filed within 10 years of the assault or three years from realizing injury due to the assault.
Californiaās statute of limitations for sexual assault may permit you to file a legal claim for a sexual assault that happened years ago.
The California sexual abuse attorneys at Cutter Law P.C. can explain the implications of the California Child Victims Act and the Sexual Abuse and Cover-Up Accountability Act ā both of which allow more time to file a lawsuit ā for your sexual assault case.
In recent years, survivors of sexual assault have come forward in droves to share their experience of abuse, and California law has shifted to allow survivors of sexual assault to seek justice.
To give sexual assault survivors more opportunities to come forward, California has redefined its statute of limitations for sexual assault cases. Bill 218 and now Assembly Bill 2777 have given certain victims in California more options to take action, even if temporarily.
The team at Cutter Law P.C. is here to answer any questions you may have about these laws and your case. Contact our office to get started with a consultation.
What is a statute of limitations?
A statute of limitations sets a time limit on legal action after an assault takes place. In criminal cases, it sets the length of time within which prosecutors must initiate criminal charges. In civil cases, a statute of limitations defines the length of time the plaintiff has to file a lawsuit after the assault takes place.
How is a sex crime defined in California?
A sex crime is any form of illegal sexual conduct perpetrated against another person. There are different types of sex crimes in California. One of the most serious sex crimes is rape, which is a felony-level offense. In California, rape is defined as nonconsensual sexual intercourse.
A key component in the definition of rape is consent. When consent is not present in a sexual encounter, it is considered rape. This includes sexual contact in which:
- There is the use of āforce, violence, duress, menace, or fear of immediate and unlawful bodily injuryā
- The victim is unconscious
- The victim is under the influence of alcohol or drugs
- The victim is sleeping
- The victim does not have the mental or physical capacity to give consent
In California, rape is a type of sexual assault. However, sexual assault has a broader definition.
Sexual assault in California is generally called sexual battery, and it is defined as the act of nonconsensually touching a victimās intimate parts for the purposes of sexual arousal or gratification.
Sexual assault requires intent. If someone accidentally brushes up against you in a crowded place, it is not sexual assault. However, if someone intentionally rubs against you for sexual gratification, that act is considered sexual assault or battery.
Once the statute of limitations has expired in a criminal case, the crime can no longer be prosecuted. Similarly, if the statute of limitations has expired in a civil case, you no longer have the opportunity to file a lawsuit. The statute of limitations depends on the type of crime or injury.Ā
What Is the Statute of Limitations in California for a Criminal Sexual Assault Case?
In California, the statute of limitations for prosecuting a perpetrator in a sexual assault case depends on the victimās age. If the sexual assault occurred when the victim was under 18 years old, a prosecutor can file charges up until the victimās 40th birthday. Prosecutors can file charges within ten years of the assault for adult victims.
What Is the California Statute of Limitations To File a Civil Claim for Sexual Assault?
Victims of sexual assault have the right to sue for damages. These damages may cover medical costs, pain and suffering, lost income, and other losses that resulted from the incident.
If the assault happened after your 18th birthday and on or after January 1, 2019, California law allows you to file a claim within 10 years of the date of the assault or three years from finding out you were injured because of the assault.
If you were 18 or older at the time of the incident and the assault occurred before January 1, 2019, you have two years to file a lawsuit.
What Is the California Statute of Limitations To File a Civil Claim for Childhood Sexual Abuse?
California Code of Civil Procedure Section 340.1 has abolished the statute of limitations for filing a childhood sexual abuse lawsuit if the last incident occurred on or after January 1, 2024. In such cases, there is now no deadline for filing your claim. If you have already reached the age of 40 when you file your childhood sexual abuse lawsuit, your attorney must file a certificate of merit signed by a licensed mental health practitioner and the attorney. It must state the following:
- The attorney reviewed the case, consulted a knowledgeable mental health professional, and concluded that the case has merit.
- The mental health professional is licensed in California, is not a party to the action, and has not treated the plaintiff.
- The mental health professional has interviewed the plaintiff, become familiar with the facts of the case, and has found a reasonable basis to believe the plaintiff experienced childhood sexual abuse.
If the childhood sexual abuse occurred before January 1, 2024, you must file your claim within five years of discovering the psychological injury caused by the abuse or by your 40th birthday, whichever occurs later.
Assembly Bill 218: Impact on the Statute of Limitations for Sexual Assault
California expanded rights for childhood sexual assault victims in 2019 with Assembly Bill 218 (AB 218), also known as the California Child Victims Act. The bill amended sections of the Code of Civil Procedure and the Government Code that define the statute of limitations for childhood sexual assault.
Extending the statute of limitations for childhood victims of sexual assault to their 40th birthday, AB 218 also included a three-year period during which claims that would have been barred on January 1, 2020, could be brought. This ālook back windowā expired on December 31, 2022.
After AB 218 was enacted,Ā the Catholic Church and the Boy Scouts of America faced a series of new lawsuits in CaliforniaĀ concerning past incidents of sexual assault. Victims who were children when they were abused within these institutions were able to come forward and file a claim for compensation.
Assembly Bill 2777: Impact on the Statute of Limitations for Sexual Assault
California Governor Gavin Newsom signed a law on September 19, 2022, that suspends the statute of limitations for some sexual assault claims for adult survivors. This law is known as California Assembly Bill 2777, the Sexual Abuse and Cover-Up Accountability Act.Ā
AB 2777 provides an additional three years for sexual assault survivors to file claims, beginning on January 1, 2023, and ending on December 31, 2026. This three-year window applies to crimes committed on or after January 1, 2009, with the exception of:
- Claims that were litigated to finality in court prior to January 1, 2023
- Claims that were compromised by a settlement agreement before January 1, 2023
Additionally, any sexual assault against a plaintiff who was 18 or older that occurred on or after January 1, 2009, and was, accordingly, barred by the statute of limitations can be ārevivedā if plaintiffs allege the following:
- They were sexually assaulted.
- One or more entities are responsible for damages because of the sexual assault.
- The entities āengaged in a cover up or attempted a cover up of a previous instance or allegations of sexual assault by an alleged perpetrator of such abuse.ā
Seek legal advice from a sexual assault attorney to fully understand the law and the process for filing a sexual assault claim.
Who can be sued for sexual assault in California?
In California, you are entitled to sue the person who sexually assaulted you. Additionally, you might be able to sue another party, institution, or company. Anyone whose negligence contributed to an incident of sexual assault can be liable in a sexual assault lawsuit.
Types of organizations that may be sued in a sexual assault civil claim include:Ā
- Educational institutions, such as K-12 schools and universities
- Workplaces
- Hospitals and other medical centers
- Religious organizations
- Youth sports organizations
- Uber and Lyft
Depending on the facts of your sexual assault case, multiple parties may be held liable.
Our Attorneys Are Here to Help You
If you have experienced sexual assault, you might have time to file a lawsuit. If you want to pursue legal action, it is essential to enlist the guidance of a sexual abuse attorney who understands the nuances of sexual assault cases.
A sexual abuse case is sensitive, and you may feel complex emotions about suing those liable for your injuries. Cutter Law P.C. has a team of compassionate attorneys who are experienced in representing survivors of sexual assault and can help you decide whether to seek compensation for your pain and suffering.
Our clients use words such as āprofessional,ā ācomfortable,ā āreassuring,ā āresponsive,ā and ācapableā when describing their experiences with us.
As a family-owned law firm, Cutter Law P.C. understands that these traits are as important as ruthless determination in the courtroom or negotiating table. We strive to give our clients the same level of comfort that we would want for our family ā because, to us, theyāre one and the same.
Contact Our Compassionate, Results-Driven California Sexual Assault Attorneys Today
The experienced legal team at Cutter Law P.C. wants to empower you to take action against the person or establishment who oppressed and silenced you ā and thinks they got away with it. Schedule a free consultation to learn how demanding justice for yourself, even years later, can protect others from falling victim to sexual predators.
Everything you tell us is completely confidential, so contact our sexual assault attorneysĀ today.
Brooks has a long-established, respected reputation as a skilled trial attorney and a record of proven success.
