California Statute of Limitations for Childhood Sexual Abuse

What’s unique about sexual abuse, especially childhood sexual abuse, is that it is not uncommon for survivors to speak up about the abuse years later. Some victims, especially children, may be confused and ashamed about what happened.

Unfortunately, this has influenced when individuals can file a claim due to the statute of limitations. Knowing the California statute of limitations for childhood abuse can help people file claims in a timely manner and seek justice.

What Is a Statute of Limitations and Why Does It Matter?

A statute of limitations is a law that sets the maximum time after an event within which legal proceedings may be initiated. In civil actions, such as childhood sexual abuse cases, the statute of limitations refers to the time in which survivors must file a claim to pursue financial compensation for their injuries.

The original statutes of limitations imposed strict deadlines without considering the emotional struggles of abuse survivors or their typical delayed disclosure patterns.

The trauma of childhood sexual abuse can take years or even decades to fully manifest. Victims may not fully process what happened to them or feel safe enough to report it until well into adulthood. In response to this reality, California legislators extended the time limit for filing a claim for childhood sexual abuse.

This landmark legislation allows victims to seek justice by placing accountability on abusers and institutions even after many years have passed. In many cases, without this legal reform, legitimate claims would go unheard simply because too much time had passed.

Childhood Sexual Abuse Laws and the Statute of Limitations

California childhood sexual abuse cases have seen many changes over the years in an effort to keep up with the advancement of knowledge regarding this type of abuse and the psychology of victims.

The legal landscape has looked like the following:

• Before 2020, survivors had to file a claim either by their 26th birthday or within 3 years of discovering the effects of the abuse.
• 2020-2022. A new bill, AB 218 (2019), extended this deadline to age 40 instead of 26 and gave 5 years of discovery instead of 3. It also gave a 3-year look-back window where survivors of any age could file claims where they previously couldn’t because the statute of limitations had run out.
• 2024-present. A new bill was signed, AB 452, that changed the statute of limitations. Civil claims can now be filed regardless of age. There is now no statute of limitations.

What This Means for Survivors Today

Approximately 90% of childhood sexual abuse is committed by a person known by the child or the child’s family. Women who experienced sexual abuse during childhood are 2-13 times more likely to experience it during adulthood when compared to women who did not experience childhood sexual abuse. Those who experienced childhood sexual abuse are 2 times as likely to experience intimate partner violence during adulthood.

Recent modifications to California law through AB 218 and AB 452 now provide survivors of childhood sexual abuse with extended time frames and unlimited filing periods for civil claims. These changes recognize that it can take years, even decades, for survivors to come forward.

For abuse that occurred on or after January 1, 2024, there is no civil statute of limitations at all. For past cases, some survivors may still have legal options thanks to previous extensions and revival windows. It is critical to speak with an experienced childhood sexual abuse attorney who can advise you of your rights based on when and where the abuse occurred.

Hire A Childhood Sexual Abuse Lawyer

At The DeMarco Law Firm, our practice is limited to representing victims of childhood sexual abuse throughout California. Attorney Anthony DeMarco achieved success in civil litigation for over 400 survivors during his 20-year career, representing them for justice.

The DeMarco Law Firm stands out because our entire focus rests on our single mission. We advocate for sexual abuse victims. If you were sexually abused at a school, church, foster care, or any other institution, we can help you seek legal recourse to get the justice you are owed.

FAQs

How Long After Being Molested Can You Press Charges in California?

After being molested in California, you can typically press charges until the survivor is 40 years old, or 5 years from the discovery of the psychological injury that was caused by the abuse. Many felonies and sexual offenses against minors committed on or after January 1, 2020, have no statute of limitations. A childhood sexual abuse attorney can help you understand the specific requirements for your case.

What Is the Lookback Window for Sexual Assault in California?

The lookback window for sexual assault in California refers to the three-year window under Assembly Bill 218, which is from January 1, 2020, to December 31, 2022. The window allows survivors of childhood sexual abuse to file civil claims regardless of when the abuse happened and even if the statute of limitations has expired. Although the window has closed, other legal remedies may be available.

What Is the Difference Between a Civil and Criminal Statute of Limitations?

The difference between civil and criminal statute of limitations is that the civil statute of limitations refers to the time in which a victim of a crime can file a legal claim to receive compensation from the perpetrator for damages incurred due to the crime. The criminal statute of limitations refers to the time the prosecution has to bring criminal charges against the defendant.

Can Adults File a Claim for Childhood Sexual Abuse in California?

Adults can file a claim for childhood sexual abuse in California. In California, victims who were abused as children may bring civil actions until age 40 or within 5 years of the discovery of the psychological injury caused by the abuse, whichever occurs later. In certain cases, such as where the defendant has concealed their actions or where recent legislative changes have been enacted, a longer period or no statute of limitations at all may apply.

California Child Sexual Abuse Attorney

If you or someone you know has been subjected to childhood sexual abuse, DeMarco Law Firm can help you fight for your future. Contact us today to begin holding the right people accountable.