Delayed Reporting of Child Sexual Abuse in California

Delayed reporting of child sexual abuse in California is far more common than many realize. Survivors often remain silent for years because of fear, shame, or trauma. Some youths may fear being blamed for the incident or worry that their abuser will seek to harm them again. Years later, they may wonder if they are still eligible to pursue justice and accountability for what they went through.

Why Abuse Victims May Delay Reporting

Many survivors of child sexual abuse delay reporting when it happens to them. This is often out of fear or due to shame. They may fear their abuser and believe that staying silent is the safer option. Some worry that they will not be believed.

Others may not fully understand the extent of the abuse until years later. Trauma can also cause victims to repress memories, which can further delay addressing the matter. It could take years for survivors to feel safe and ready to come forward with their stories. When they do, they often have concerns about their eligibility to pursue justice.

How AB 452 Updated Filing Deadlines for Child Abuse

Assembly Bill 452 eliminates the previous statute of limitations for childhood sexual abuse. Before, survivors had to file by age 40, or they had to file within five years of discovery of their emotional injury. Those limits no longer apply.

For abuse that happened on or after January 1, 2024, survivors can take legal action without worrying about filing deadlines. The law covers situations where an institution knowingly concealed evidence or failed to protect children.

Survivors may seek extra damages in those situations. The law defines childhood sexual abuse and assault as acts committed against someone under 18.

Understanding the Scope of Abuse in California

The removal of filing deadlines comes at a time when child sexual abuse remains an alarming problem. Over 5,000 adults allege they were sexually abused while in county custody, foster homes, or juvenile facilities spanning decades.

In 2022, the Department of Children and Family Services recorded 14,735 sexual abuse referrals, with nearly 11% of all child welfare cases. In April 2025, the county agreed to a $4 billion settlement to resolve nearly 7,000 claims dating back to 1959.

Survivors can take legal action against their abusers with the help of an attorney.

Why You Should Hire a Child Sexual Abuse Lawyer

If you have questions about your eligibility to take your claim to court, now is the time to hire a child sexual abuse lawyer. When you hire a child sexual abuse attorney, you benefit from their years of experience.

An attorney understands how to leverage California child sexual abuse laws to see that justice is served in your case. They can ensure that your abuser faces serious child sexual abuse penalties.

Legal representation also provides you with support and encouragement during a difficult time.

If you have questions about the process, your lawyer can provide honest feedback and advice. Their knowledge of when to negotiate and litigate can prove key to ensuring a successful outcome to your case.

What Happens Once I File a Claim?

Before a claim is filed, your attorney will have to gather evidence to support your case. They will also need to carefully listen to your account of events. Once your lawyer is sure you have a case, they can determine whether you meet filing deadline requirements. Your lawyer can file the required documents to start the process.

The defendant must then be properly served. Once the courts are involved, your lawyer can gather new evidence during the discovery period. Most civil court cases resolve when the defendant makes a fair settlement offer. If they do not, your attorney can prepare to take the case to trial.

FAQs

What Is the Statute of Limitations for Child Sexual Abuse in California?

The statute of limitations for child sexual abuse in California was removed with AB 452. This pertains to cases that occurred on or after January 1, 2024. For older cases, survivors must generally file by age 40. They can also file within five years of discovering the abuse. Criminal statutes are a separate matter. Consult with a seasoned child sexual abuse attorney if you have questions about how the statute of limitations affects your case.

What Are the Mandatory Reporting Rules for Child Sexual Abuse?

Certain individuals are considered mandatory reporters of child sexual abuse. These include teachers, doctors, social workers, and law enforcement officers. If they see signs of child abuse, they must take action or report the abuse. This could mean reporting the potential abuse to child protective services. Failing to act could lead to penalties for the mandatory reporter.

Can Child Sexual Abuse Be Reported Years After It Happened?

Yes, child sexual abuse can be reported years after it occurred. California’s laws understand that survivors sometimes require years before they are ready to come forward and share their story. Recent legislative reforms removed filing deadlines entirely for civil cases. Your attorney can confirm your eligibility to seek justice through the courts.

How Long After Child Sexual Abuse Can Evidence Still Be Collected?

Evidence can still be collected long after the event occurred, but collecting evidence sooner is often preferred. Existing medical records can be pulled up and used in your claim. Witness testimony can be gathered after the fact. The testimony of the survivor is also critical. A successful claim often requires corroborating evidence, which is why legal support is so critical.

Have You Been Abused by a Sexual Predator? We’re Here to Help

Delayed reporting of child sexual abuse is more common than many realize, and the law in California provides survivors with opportunities to come forward even years later. At DeMarco Law Firm, we understand the courage it takes to break the silence and pursue justice after such profound harm.

Our compassionate legal team is committed to guiding survivors through the legal process with dedication and determination. Contact our office today for a confidential consultation and take the first step toward accountability and healing.