What is the AB 2777 Sexual Abuse and Cover-Up Accountability Act?

What is the AB 2777 Sexual Abuse and Cover-Up Accountability Act?

Sep 30, 2024

The California AB 2777 Sexual Abuse and Cover-Up Accountability Act aims to change how survivors seeking justice are often hindered by restrictive statutes of limitations. This landmark legislation provides new opportunities for California adult survivors to pursue legal action and hold perpetrators and institutions accountable.

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AB 2777 Sexual Abuse and Cover-Up Accountability Act Explained

• Understanding the Sexual Abuse Statute of Limitations in California Under AB 2777
• Cover-Up Accountability in California Sexual Abuse Cases
• Legal Liability for Sexual Abuse
• Filing Sexual Abuse Civil Lawsuits
• California Sexual Assault Victim Rights and Available Damages

Understanding the Sexual Abuse Statute of Limitations in California Under AB 2777

Previously, California law limited the timeframe for filing civil actions related to sexual assault where the victim was at least 18 years of age. Under the old rules, survivors had to file their claims within 10 years of the last act or within three (3) years of discovering an injury resulting from the abuse, whichever was later. This narrow window often prevented many survivors from seeking justice, especially those who needed time to process their trauma or were unaware of the full extent of their injuries.

The California AB 2777 Sexual Abuse Accountability Act significantly extends these timelines for a limited time, providing new hope for adult survivors.

Here are the key changes under the new AB 2777 law:

• Claims for sexual assaults that occurred on or after January 1, 2009, which were previously barred by the statute of limitations, are now revived until December 31, 2026. In other words, if your sexual assault occurred in 2009 or later, you now have a limited window to file a civil lawsuit against your perpetrator for financial compensation.
• Claims for sexual assaults that occurred on or after the survivor’s 18th birthday, which would have been barred before January 1, 2023, can now be brought between January 1, 2023, and December 31, 2023. Additionally, if a claim is currently pending in court, it may proceed under California AB 2777 if an entity like a business, company, or corporation is legally responsible for the abuse, or a “cover-up” of a previous act of sexual abuse occurred.

These extensions apply not only to claims against the alleged perpetrators but also to related claims such as wrongful termination or sexual harassment arising from the sexual assault.

For more information on the rules of California AB 2777, contact D Law Group’s sexual abuse lawyers at 866-GO-SEE-SAM.

Cover-Up Accountability in California Sexual Abuse Cases

One of the most significant aspects of AB 2777 is its focus on addressing institutional cover-ups of sexual abuse. The act defines a “cover-up” as a concerted effort to hide evidence relating to sexual assault, incentivize silence, or prevent information from becoming public or being disclosed to the plaintiff. This includes the use of non-disclosure or confidentiality agreements.

Under AB 2777, entities can be held legally responsible for damages if they engaged in or attempted a cover-up of previous instances or allegations of sexual assault. This provision is crucial for addressing systemic issues and holding institutions accountable for their role in perpetuating abuse.

Legal Liability for Sexual Abuse: Who Can Be Held Responsible?

When it comes to sexual abuse claims in California, liability can extend beyond the primary perpetrator. Various parties may be held legally responsible, including:

• The individual who committed the sexual abuse;


• Facilities or institutions that knew or should have known about the abuse;


• Staff members who were aware of or engaged in abusive behavior;


• Employers or management who failed to take appropriate action;


• Third parties with access to victims who participated in or enabled the abuse.

Determining liability is a complex process that often involves multiple parties sharing responsibility. This underscores the importance of having experienced legal representation from the elite team at D Law Group to navigate these nuanced cases.

Filing Sexual Abuse Civil Lawsuits: What Victims Need to Know

For survivors considering legal action under AB 2777, it’s important to understand the process and what to expect. While it’s not mandatory to have legal representation, working with our experienced attorneys can significantly ease the stresses and unknowns while improving your chances of a favorable outcome.

Here’s how D Law Group’s experienced legal team can assist survivors:

• Providing expert legal guidance throughout the process;


• Conducting thorough investigations and gathering evidence;


• Skillfully negotiating the largest possible settlements;


• Representing survivors in court if the case goes to trial;


• Offering emotional support and understanding during a challenging time.

The legal process can be complex and emotionally taxing. Having a knowledgeable and compassionate legal team can make a significant difference in navigating these challenges and seeking justice. D Law Group is here to listen, to believe, and to fight tirelessly on behalf of all California survivors of sexual abuse.

California Sexual Assault Victim Rights and Available Damages

AB 2777 not only extends the timeline for filing claims but also reinforces the rights of sexual assault survivors in California. Survivors have the right to seek various types of damages, including:

• Medical expenses and costs related to mental health services;


• Lost wages or diminished earning potential;


• Compensation for pain and suffering;


• Damages for emotional distress;


• Loss of companionship or enjoyment of life;


• Punitive damages in certain cases.

It’s important to note that punitive damages are not always available but can be awarded in cases where the defendant’s conduct was particularly egregious. These damages – which are not capped in California sexual abuse cases – serve to punish the wrongdoer and deter similar behavior in the future.

The Impact of AB 2777 on Sexual Abuse Survivors

The California AB 2777 Sexual Abuse and Cover-Up Accountability Act represents a significant step forward in supporting survivors of sexual abuse. By extending the statute of limitations and addressing institutional cover-ups, the act provides expanded opportunities for justice and healing.

This legislation sends a powerful message to survivors that their experiences matter and that it’s never too late to seek justice. It also puts institutions on notice that they can be held accountable for their role in perpetuating or concealing abuse.

While the legal process can be challenging, the expanded timeline provided by AB 2777 can allows survivors the time they need to process their trauma and come forward when they feel ready. This act recognizes the complex nature of sexual abuse and its long-lasting impacts, providing a more compassionate approach to justice.

As awareness of AB 2777 grows, it may encourage more survivors to come forward and seek the support and justice they deserve. This could lead to increased accountability in cases of sexual abuse and potentially prevent future instances of sexual violence through deterrence.

The long-term implications of AB 2777 extend beyond individual cases. By holding
institutions accountable for cover-ups, the act may lead to systemic changes in how organizations handle allegations of sexual abuse. This could result in improved policies, better reporting mechanisms, and a culture of transparency and accountability.

While AB 2777 is a significant step forward, it’s important to remember that legal action is just one aspect of healing from sexual abuse. Survivors should also seek support from mental health professionals, support groups, and loved ones as they navigate their healing journey. That’s why D Law Group’s dedicated SAJE Team features an in-house licensed clinical therapist available 24/7 to our clients.

FAQ (Frequently Asked Questions About California AB 2777)

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