California Sexual Abuse Lawyers

As per California’s statute of limitations, adults who are sexually assaulted on or after their 18th birthday and wish to file a lawsuit must do so within ten years of the last date of the assault, or within three years of discovering that the assault caused an injury. Due to the recent passing of Bill 218, if the person was a minor below 18 years when assaulted, the prosecutor has until the victim’s 40th birthday or five years after discovery to file charges.

If you don’t file the charges within this time limit, you may lose your right to seek justice—even if the law eventually prosecutes the offender. However, if the defendant is convicted of felony charges, you have one year to file a case from when the judgment is pronounced.

However, there are two exceptions whereby the prosecutor may still file charges even if the statute of limitations has expired:

• Existing supporting DNA evidence of the crime is found
• The evidence is filed in compliance with California’s DNA exception rule 

If you are over 40 years, you need to obtain a certificate of merit from a mental professional stating that you have a valid reason for delayed discovery. In addition, you need another certificate from your attorney stating that they have reviewed your files and the findings of the mental health professional and determined that your claims are valid.