The Statute of Limitations for Child Molestation in California

Knowing the statute of limitations on child molestation in California is important for survivors of child sexual abuse and their families. California has some of the most stringent child-protection laws in the United States. Over the past several years, the state has extended the window in which survivors of child sexual abuse can file a civil claim against both the abusers and against institutions that were negligent in their duties to protect the child.

The changes to these laws show that California is aware that survivors of child molestation often need years, if not decades, before they are in a place where they can safely disclose their abuse. When you understand your legal rights, you can make optimal choices about how to proceed with your claim.

How the Statute of Limitations Works in Child Sexual Abuse Cases

Ninety percent of child sexual abuse is perpetrated by someone the child or their family knows, according to the CDC. At least one in four girls and one in twenty boys in the U.S. will be sexually abused as children at some point in their lives.

California child sexual abuse laws recognize that childhood trauma impacts survivors for the rest of their lives and that survivors frequently delay disclosing their abuse out of fear, manipulation, shame, or as a direct result of the emotional trauma of the abuse. In recognition of these facts, California enacted one of the longest statutes of limitations in the country.

California Code of Civil Procedure §340.1 provides that survivors have until age 40 to file a sexual abuse claim, or they can file within five years of learning their adult psychological injury resulted from the abuse, whichever occurs later.

The delayed discovery rule serves as one of the most protective legal standards nationally because it accommodates the intricate nature of trauma and memory development.

Why the Statute of Limitations Was Extended in California

California has recently overhauled its statute of limitations with the passing of bills, such as Assembly Bill 218 in 2020. AB 218 extended the age at which civil claims can be filed. State legislators determined that different institutions, such as schools and youth organizations, actively hid abuse cases and shielded known offenders while forcing victims to remain silent.

The reforms reflect a greater cultural awareness that children are unlikely to disclose abuse early on and that adults who were abused as minors need time to fully process the emotional toll. These changes in California law now allow child sexual abuse survivors to seek justice when they’re ready instead of being pressured by a strict statute of limitations.

When to Hire a Child Sexual Abuse Lawyer

Statutes of limitations can be complicated, which is why it is helpful to speak with a skilled attorney as soon as you are ready. By choosing to hire a child sexual abuse lawyer, you can gain an advocate who knows how California’s filing deadlines apply to your specific case.

A child sexual abuse attorney can review when the abuse happened, when the psychological impact was discovered, and if exceptions might be available to permit the case to proceed. This advice can be invaluable, particularly when an institution is involved that may try to assert that the time for filing a claim has passed.

About Us

For over 20 years, Anthony DeMarco has been known for fairness, justice, and unparalleled proficiency as one of California’s top child molestation lawyers. We have a small team of professionals that includes a survivor on staff who delivers confidential support and trauma-informed guidance, along with personal representation.

DeMarco Law Firm is located just blocks from the Los Angeles Superior Court, where we advocate for survivors every day. Our team only represents survivors of child sexual abuse.

FAQs

Is There a Statute of Limitations on the Molestation of a Child?

Yes, there is a statute of limitations on the molestation of a child, but it depends on whether it is a civil or criminal case. Many states, including California, have extended or no time limits for filing a criminal case for child sexual abuse. Civil cases may also have long time periods in which survivors can file as adults or within a number of years of learning of trauma-related harm.

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

In California, the majority of child sexual abuse crimes have no criminal statute of limitations. This means that in certain cases, criminal charges may be filed no matter how long ago the abuse took place. Statutes of limitations still apply to other offenses, which have a longer deadline depending on the age of the survivor and when the crime was reported. Rules vary depending on the offense.

Can You File a Claim Against Someone for Molestation Years Later?

Yes, you can file a claim against someone for molestation years later in California. California has a statute of limitations for filing a claim. However, this timeline has been extended in recent years, taking into account the emotional toll and the delay that many survivors experience in feeling comfortable enough to expose the abuse.

What Is the Child Victims Act in California?

The Child Victims Act in California created significant reform to child sexual abuse laws. It extended the statute of limitations and the look-back period for past claims. Definitions of child sexual assault were also broadened to further hold institutions accountable for not protecting children under their care or supervision. For certain cases, there is no statute of limitations at all for survivors to file a claim.

Contact DeMarco Law Firm Today

If you were a victim of child molestation in California, you may still be able to file a claim and hold the responsible party accountable. At DeMarco Law Firm, we hold entities liable for wrongdoing so you can get the justice you deserve.

Contact us today to schedule a consultation with one of our experienced child sexual abuse attorneys, and let us help you better understand how the statute of limitations for child molestation in California impacts your case.

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