For years, sexual abuse and assault survivors in California were denied justice due to arcane statute of limitations rules. Essentially, if someone was sexually abused but failed to come forward within a predetermined period of time, then that survivor lost the ability to hold their perpetrator responsible in civil court. For countless men and women, that meant sex abuse suffered while involved in some sort of institutional setting (i.e. church, Boy Scouts, Girl Scouts, etc.) was swept under the rug.
California has made major changes to these deadlines for filing, opening new doors to justice for survivors. The time limits to file a civil sexual assault claim in California are now:
- Survivors who were over 18 at the time the incident: 10 years from the date of the incident OR 3 years from the date of discovering the assault or injuries caused by the assault. (California Code of Civil Procedure 340.1)
- Survivors who were under 18 at the time of the incident: Until the survivors’ 40th birthday OR 5 years from the date of discovering the assault or injuries caused by the assault. (Assembly Bill 218)
- Survivors who were under 18 at the time of an incident occurring AFTER 1/1/2024: There is no longer a statute of limitations for claims of this nature in California. (Assembly Bill 452)
- Survivors who were over 18 at the time of an incident occurring after 1/1/2009: The “lookback window” currently in effect allows you to file a lawsuit even though it has been more than 10 years since the incident. (Assembly Bill 2777)
Understanding this landscape can be complex without the help of an attorney. Our team of experienced Los Angeles sexual abuse attorneys have worked with numerous clients who were surprised to learn they could still pursue justice. Contact us today to discuss your options with our legal team.
What laws recently changed sexual assault statutes of limitations in California?
Assembly Bill 2777 created a crucial three-year “lookback window” for survivors whose assaults occurred more than 10 years ago. This lookback window is still in effect. If you experienced sexual assault, now is the time to pursue justice before the lookback window expires.
California also recently extended the statutes of limitations (SOLs) for sexual assault and abuse of minors with Assembly Bill 218. Survivors of sexual abuse or assault before their 18th birthday may now file a claim at any time before they turn 40-years-old. AB 218 also allows for survivors to file claims within 5 years of discovering the assault or an injury caused by the assault. This is especially important for survivors who were minors when they were assaulted, as these memories can be complex to uncover in some cases.
These extensions have uncovered the fact that SOLs often protect repeat violators. There were priests, teachers, and scout masters with dozens, sometimes hundreds of victims. But since their victims were never given the opportunity that they needed to come forward, these crimes were never properly addressed.
This transformative legislation is empowering survivors to hold both their abusers and the institutions that enabled the abuse accountable. It also acknowledged that many survivors do not process or recognize the full extent of their trauma until years after the abuse, giving them more time to come forward and pursue justice.
What Is a “Lookback Window?”
A lookback window is a legal mechanism that temporarily suspends the statute of limitations, permitting individuals to file civil lawsuits for past acts of sexual abuse or assault, even if the standard time limits have already expired. In California, the current lookback window, established by AB 2777, provides survivors with a real opportunity to pursue justice.
Why was the Lookback Window Law Passed?
Over the last 30 years, groups of sex abuse survivors began to come forward throughout the country. The most well-known of which might be those who suffered abuse at the hands of the Catholic Church, but others survived abuse at various other institutions, such as:
- Boy Scouts of America
- Girl Scouts of America
- California Youth Authority (CYA) Facilities and Camps
- Church of Jesus Christ of Latter-day Saints (LDS)
- Among Others
As these survivors came forward, many were denied justice because the SOL had passed. That meant people who’d suffered in silence for decades had nowhere to turn when they finally came forward to tell their stories.
Despite the bravery of these survivors, many were denied justice due to expired statutes of limitations. AB 2777’s lookback window was specifically designed to address this injustice, giving those who were previously silenced by legal time limits an opportunity to file civil lawsuits and hold perpetrators and institutions responsible.
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Extension of the Statute of Limitations for Civil Sexual Assault Lawsuits
The statute of limitations determines the time period within which a survivor must file a lawsuit after a sexual assault occurs. Prior to AB 2777, the statute of limitations for civil lawsuits regarding adult sexual assault claims in California was 10 years from the date of the assault or three years from the date of discovery of a related injury or illness, whichever was later. AB 2777 retained these timelines but expanded them further by introducing the lookback window.
This three-year window, which runs from January 1, 2023, to December 31, 2026, allows adult survivors of sexual assault to file claims for incidents that occurred on or after January 1, 2009, that had previously been time-barred.
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What Does Date of Discovery Mean?
The date of discovery is the date a victim or survivor becomes aware of an injury, or when they reasonably should have known it occurred. In the case of institutional sex abuse, this can be difficult to define which is why having a skilled sex abuse attorney working with you can be important. A therapy session, a visit to a childhood location or some other event can spur an old memory. Having an attorney on your side to explain the process and how the law works can help anyone looking to make such a claim. Keep in mind, you have 3 years from the date of discovery to file your claim, even if the original 10-year has expired.
How the Lookback Window Revived Expired Claims
AB 2777’s lookback window was created specifically to allow survivors of adult sexual assault, whose claims had expired under previous statutes of limitations, to seek justice in California’s civil courts. The law applies not only to abusers but also to organizations that enabled or concealed the abuse, such as religious organizations, schools, and youth groups.
Other Recent Changes to the Statute of Limitations for Sexual Assault in California
While AB 2777 focuses on adult survivors of sexual assault, it follows in the footsteps of AB 218, which previously extended the statute of limitations for childhood sexual abuse. Most recently, AB 452 has completely eliminated the SOLs for civil actions regarding sexual assault of minors. While this law is not retroactive, any minor that experiences sexual assault on or after January 1, 2024, may file a claim at any time for the remainder of their lives.
AB 2777, AB 218, and AB 452 reflect a sea change in how the California legislature approaches survivor’s rights. These laws give survivors of sexual assault the legal tools they need to pursue justice, regardless of how much time has passed since the abuse occurred.
Why Are These Changes Important?
Statutes of limitations were often manipulated to protect abusers and their institutions. These perpetrators claimed the survivors’ claims were too old, that evidence might have degraded or that witnesses’ memories had faded. However, for sexual assault survivors, the trauma of the experience and the fear, shame, or emotional difficulty associated with coming forward often delayed reporting for many years. By extending the time period to file claims, California acknowledged the unique challenges that survivors face and provides them with a more equitable opportunity to pursue justice.
What You Can Do If You Have a Previously Expired Claim
If you believe you have a sexual assault claim that was previously barred by the statute of limitations, it is essential to consult with an attorney. The AB 2777 lookback window is now open, providing a unique opportunity for survivors of adult sexual assault to seek justice, even if the statute of limitations had previously expired.
Contact Our Sex Abuse Attorneys
Arias Sanguinetti has more than four decades of experience helping people who’ve survived sexual abuse and assault. Our attorneys have sat with men and women who were attacked by people they should have been able to trust and who desire to stand up and hold these predators accountable.
If you or someone you love is a sex abuse survivor, contact our team today and let us fight for you.
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