You may be able to claim compensation for historical sexual abuse, depending on when the abuse occurred. Laws have evolved to give survivors more time to come forward and seek justice, recognizing the lasting impact of such trauma.
A Los Angeles sexual abuse lawyer can assess your case and explain the legal options available to you. Survivors may recover different forms of compensation, such as punitive damages and reimbursement for therapy, counseling, and other expenses related to their recovery.
How Long Do I Have to Claim Compensation for Historical Sexual Abuse?
California law provides extended timelines for survivors of historical sexual abuse to pursue justice. These amended statutes of limitations acknowledge the unique circumstances survivors face and provide opportunities to hold individuals and institutions accountable, whether the abuse happened during childhood or adulthood.
The deadline for filing a sexual abuse lawsuit depends on the survivor’s age when the abuse occurred and whether a public or private entity was involved. A Los Angeles personal injury lawyer can determine how long you or a loved one has to file a lawsuit.
For Survivors of Childhood Sexual Abuse
- Sexual abuse that occurred on or before December 31, 2023: Survivors who were under 18 at the time of the abuse may file a lawsuit until their 40th birthday or within five years of discovering the psychological impact of the abuse in adulthood, per California Code of Civil Procedure § 340.1 (as amended by AB 218).
- Sexual abuse that occurred on or after January 1, 2024: With the passage of Assembly Bill 452, there is no longer a statute of limitations for childhood sexual abuse occurring on or after this date. Survivors can file claims at any time.
For childhood sexual abuse cases involving public entities, survivors are not required to file a government claim.
For Survivors of Adult Sexual Abuse
Adult survivors have 10 years from the date of the abuse or three years from discovering its psychological effects to file a claim, under California Code of Civil Procedure § 340.16. The following revival and lookback windows may alter this rule, though:
- Assembly Bill 2777 lookback window: Between January 1, 2023, and December 31, 2026, adult survivors can file lawsuits for assaults that occurred on or after January 1, 2009, even if the standard deadlines have passed.
- Assembly Bill 250 revival window: Starting January 1, 2026, this law allows two years for adult survivors to file claims, regardless of when the abuse happened. This window applies to private entities or individuals, including cases where institutions concealed prior allegations against the perpetrator. Public entities are excluded from this provision.
Government Claims for Public Entities
When a public entity, such as a school district, is involved, survivors generally must file a government claim within six months of the incident. This rule does not apply to childhood sexual abuse claims, among other exceptions.
What Types of Compensation Can I Pursue for Historical Sexual Abuse?
Survivors of sexual abuse deserve recognition for the pain they have endured and the lasting effects it has had on their lives. Historic sexual abuse compensation provides a way to hold abusers and negligent institutions responsible and helps survivors gain access to the recovery resources they require, such as:
- Therapy expenses: Survivors can pursue reimbursement for past medical bills, including therapy and counseling services. Compensation may also cover the cost of ongoing therapy needed to support their recovery.
- Punitive damages: Punitive damages may be available against private defendants in cases involving egregious misconduct or institutional concealment.
- Diminished earning capacity: Survivors whose careers, education, or ability to work suffered due to historical abuse may recover financial losses related to missed opportunities or reduced earning potential.
- Pain and suffering: Survivors can seek non-economic damages for the physical pain and psychological suffering they experienced and continue to endure, including emotional distress, trauma, and mental anguish caused by the abuse.
Historic sexual abuse compensation helps survivors address their past harm while providing resources to support their ongoing needs and recovery. Obtaining financial recovery is a meaningful step toward justice and accountability.
How Can an Attorney Help Me Claim Compensation for Historical Sexual Abuse?
Deciding to come forward about historical sexual abuse is a deeply personal choice, and survivors often do so to seek justice, hold perpetrators accountable, and help prevent harm to others.
An attorney offers the advocacy and legal experience survivors need to approach the legal process.
- Identifying abusers and liable parties: Historical sexual abuse often involves authority figures, such as a teacher at school or a religious leader. An attorney can identify those responsible. They can also work to hold institutions accountable if they failed to act on prior complaints or allowed the abuse to occur.
- Building a claim: Survivors don’t need physical evidence to pursue a claim. An attorney can gather other forms of evidence, such as your testimony, witness accounts, institutional records, or patterns of prior misconduct by the perpetrator.
- Providing guidance throughout the process: Survivors deserve to feel protected and informed throughout their case. Defendants in these cases have the legal right to know your identity, but an attorney does everything in their power to keep you safe. Even if your case doesn’t go to trial, you may still be deposed, and your attorney can prepare and support you through your claim.
Historic sexual abuse compensation is about more than financial recovery; it allows survivors to take meaningful action on their own terms to seek the justice they deserve.
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Call Arias Sanguinetti for Compassionate, Experienced Representation
At Arias Sanguinetti, our team of attorneys has a proven track record of holding perpetrators and institutions accountable, including obtaining a record-setting case result of $828 million on behalf of 414 survivors of sexual abuse in Los Angeles County’s juvenile detention and foster care systems.
This historic payout is the largest per-survivor recovery in a sexual abuse case in U.S. history, with an average of $2 million per individual.
Though past results do not guarantee a future outcome, our team of attorneys is dedicated to justice, accountability, and results. Contact Arias Sanguinetti today for a confidential consultation.
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