California Statute of Limitations for Sexual Assault & Abuse

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California Statute of Limitations for Sexual Assault & Abuse

California Statute of Limitations for Sexual Assault & Abuse

Sep 19, 2024

Sexual assault is an unspeakable crime that can have devastating consequences for survivors. Understanding the statute of limitations for adult sexual assault and child sexual abuse cases in California is important for survivors seeking justice and accountability. Recent changes in California law have significantly impacted how these cases are handled, providing new opportunities for victims to come forward and seek legal recourse.

California Statute of Limitations for Sexual Assault & Abuse

California Sexual Assault Laws: An Overview

California’s legal system recognizes the serious nature of sexual assault and has implemented laws to protect victims and hold perpetrators accountable. The statute of limitations for sexual assault cases determines how long a victim has to file a lawsuit or for prosecutors to bring criminal charges. These time limits vary depending on factors such as the victim’s age at the time of the assault and the nature of the crime.

Statute of Limitations for Adult Sexual Assault in California

For adult victims of sexual assault in California, the statute of limitations has been extended to provide more time for survivors to come forward. Here are the key points to understand:

  • 10-year time limit from the date of the incident
  • 3-year discovery exception for an injury like PTSD resulting from the crime
  • Factors that may extend the statute of limitations
  • Impact of criminal proceedings on civil lawsuit deadlines

Under California Code of Civil Procedure 340.16(a), adult victims have 10 years from the date of the last act, attempted act, or assault with intent to commit an act to file a civil lawsuit.

Additionally, there’s a discovery exception that allows a plaintiff three years from the date they discover or reasonably should have discovered that an injury or illness resulted from the sexual assault.

Furthermore, California AB 2777 – the Sexual Abuse And Cover-Up Accountability Act – currently gives adult survivors of sexual assault a limited three-year open window to file civil lawsuits for crimes occurring after 2009.

If you’re a victim of sexual assault and your crime occurred on or after January 1, 2009, you can now file a civil claim for damages through December 31, 2026. This extended window offers California survivors of adult sexual assault an opportunity to secure justice against their perpetrators for crimes which would have previously been barred by the statute of limitations.

Child Sexual Abuse Statute of Limitations in California

Child Sexual Abuse Statute of Limitations in California
California has taken significant steps to protect child victims of sexual abuse by extending and, in some cases, eliminating the statute of limitations. As of January 1, 2024, with the passing of Assembly Bill 452 (AB 452), there is no statute of limitations for civil actions related to childhood sexual assault that occurred after this date.

For incidents that occurred before 2024, the following rules apply:

  • Victims can file a claim until their 40th birthday
  • A 5-year discovery rule is in place for discovering an injury resulting from the sexual abuse (like PTSD)

It’s important to note that while the elimination of the statute of limitations for incidents after January 1, 2024, provides more opportunities for justice, prompt legal action is still recommended to preserve evidence and protect victims’ rights.

Criminal Sexual Assault Charges in California

The statute of limitations for criminal sexual assault charges in California varies depending on the severity of the offense.

Here’s a breakdown of the time limits for different sexual offenses:

  • Unlawful sexual intercourse with a minor, incest, sexual penetration, and arranging meetings with minors for lewd acts: 3 years
  • Rape and penetration with a foreign object: 6 years
  • Certain felony sexual offenses committed after January 1, 2017: No time limit

For severe offenses such as felony or aggravated child sexual assault, sexual acts with a child 10 or younger, and forcible acts of sexual penetration, there is no statute of limitations if the offense was committed on or after January 1, 2017.

Filing a Sexual Assault Civil Claim in California

Filing a Sexual Assault Civil Claim in California

While no amount of financial compensation can ever erase the trauma of being sexually assaulted, filing a sexual assault or sexual abuse civil lawsuit in Los Angeles can provide you with justice and financial compensation for related losses while holding your perpetrator accountable to the fullest extent of the law.

Pursuing a civil lawsuit for sexual assault can provide several benefits for survivors, including:

  • Financial compensation for medical expenses, therapy costs, and lost wages
  • Holding the perpetrator accountable in a different way than the criminal justice system
  • Potentially uncovering additional evidence or witnesses

When considering filing a sexual assault civil claim, it’s crucial to consult with an experienced attorney who specializes in this area of law like the team of compassionate sexual abuse lawyers at Dordulian Law Group. We are available 24/7 to answer any questions you have, guide you through the legal process, help protect your rights, and work to maximize your compensation.

D Law Group’s unique and all-encompassing four-tiered SAJE Team (Sexual Abuse Justice Experts) is available to survivors 24/7 and throughout every step of the legal process. At D Law Group, we provide sexual assault and abuse survivors with a different kind of legal representation which includes an extended support network of dedicated and compassionate professionals:

  1. Litigation department: A team of experienced and proven sexual abuse lawyers led by Sam Dordulian, a former sex crimes prosecutor and member of the National Leadership Council for RAINN (Rape, Abuse & Incest National Network)
  2. Victim advocacy department: Two in-house licensed and nationally-accredited victim advocates dedicated to providing support for survivors
  3. Mental health advocacy department: Our in-house clinical therapist with nearly 20 years’ experience specializing in helping survivors of sexual abuse navigate mental health challenges
  4. Investigative department: Our in-house Chief Investigator, retired LAPD child sex crimes detective Moses Castillo

To speak with a member of the SAJE Team, contact us any time at 866-GO-SEE-SAM.

Sexual Assault Victim Rights in California

California law provides several rights and protections for sexual assault victims, including:

  • The right to have an advocate present during medical examinations and interviews
  • Access to free medical examinations for evidence collection
  • Confidentiality protections for victim information
  • The right to be informed about the status of the case and any major developments

Understanding these rights can help survivors navigate the legal system more effectively and ensure they receive the support and protection they deserve.

FAQ (Frequently Asked Questions About the California Sexual Assault Statute of Limitations)

AB 452 eliminated the statute of limitations for civil actions related to childhood sexual assault that occurred after January 1, 2024. For incidents before this date, victims can file until their 40th birthday or within 5 years of discovery of a psychological injury like PTSD.

In some cases, yes. Factors such as delayed discovery or ongoing criminal proceedings may extend the statute of limitations. It's best to consult with an experienced Los Angeles sexual assault attorney from D Law Group to discuss your specific situation.

Compensation in a sexual assault civil claim may include medical expenses, therapy costs, lost wages, pain and suffering, and in some cases, punitive damages.

California offers various resources for sexual assault survivors, including crisis hotlines, counseling services, and victim advocacy groups. Your local rape crisis center or the California Coalition Against Sexual Assault (CALCASA) can provide information on available support services.

Our Sexual Assault Justice Experts are here to help survivors secure justice. Contact our top-rated attorneys online or by phone for a free consultation today.

Author

Samuel Dordulian

Samuel Dordulian, founder

Sam Dordulian is an award-winning sexual abuse lawyer with over 25 years' experience helping survivors secure justice. As a former sex crimes prosecutor and Deputy District Attorney for L.A. County, he secured life sentences against countless sexual predators. Mr. Dordulian currently serves on the National Leadership Council for RAINN.




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