California’s Statute of Limitations for Sexual Abuse: What Survivors Need to Know
Survivors of childhood sexual abuse have the right to file civil lawsuits against parties who participated in the abuse, failed to prevent it when they had a legal responsibility to do so or attempted to prevent authorities from finding out about the abuse. Despite that laws require adults working in certain roles, such as teachers, healthcare workers, and social workers, to notify law enforcement when they reasonably suspect that a child has experienced physical or sexual abuse, many instances of sexual abuse of minors go on for a long time before any adults other than the abuser find out.
It is bad enough when an abuser intimidates a child or teenager out of telling their parents or teachers about the abuse, but it is even worse when adults that the child trusts pressure the child to keep the abuse a secret for fear of penalties or loss of reputation that the adults might suffer as a result. The law has long made it possible for adults who experienced sexual abuse when they were minors to pursue legal remedies, but last year, California amended its laws to provide even further protections for adult survivors of childhood sexual abuse. A Whittier sexual abuse claims lawyer can help you pursue your options for seeking justice.
California Removes Statute of Limitations on Civil Lawsuits Related to Sexual Abuse of Minors
Sexual abuse of minors may not be a thing of the past, but in California, statutes of limitations on civil lawsuits related to childhood sexual abuse are. For any incident of abuse that occurred on or after January 1, 2024, survivors of abuse have the right to file civil lawsuits against any parties legally responsible for the abuse. They may request economic damages for medical expenses related to physical or mental health problems stemming from the abuse and for lost income resulting from these health issues. They may also request noneconomic damages for emotional distress.
Possible defendants in these claims may include the adults who personally committed the abuse. If the plaintiff met the abuser through the abuser’s employment, then the abuser’s employer may also be a defendant in the case. For example, if the abuser was a teacher or school counselor, then the school or school district is legally liable for the abuse claim. Similar liability rules apply to summer camps, religious institutions such as churches, and youth sports organizations.
What are Your Rights if the Abuse Occurred Before 2024?
If the abuse occurred before 2024, the old rules about the statute of limitations for civil claims related to childhood sexual abuse still apply. You have until your 40th birthday, that is, 22 years after you reached the age of majority, to file a lawsuit. This means that if a 5-year-old was abused in 2023, they may file a civil lawsuit against the abuser or against the entity responsible for placing the abuser in proximity to children any time before 2058. It also means that if you are a young adult and are planning to sue the person who abused you or the institution that failed to prevent the abuse or actively tried to stop law enforcement from discovering it, you still have time.
The Statute of Limitations for Criminal Cases
The above changes apply to civil lawsuits, not to criminal prosecution. The deadline for filing criminal charges related to sexual abuse of a minor is when the victim turns 40 years old. For sex crimes where the victim was an adult when the crime occurred, the statute of limitations is ten years from the date of the crime.
This means that if the abuse happened before 2024, the statute of limitations for civil and criminal cases is the same. If it happened during or after 2024, then you must initiate the criminal case by your 40th birthday, but you have your whole life to file the civil lawsuit. In all civil lawsuits where the defendant has received criminal charges in connection to the same incident, a guilty plea or guilty verdict in criminal court automatically means a ruling in favor of the plaintiff in the civil case. An acquittal, a no-contest plea, or the criminal court dismissing the charges means that the judge in the civil case may or may not rule in favor of the plaintiff.
Contact the Law Offices of Omar Gastelum About Sexual Abuse Claims
A sexual abuse claims attorney can help you file a civil lawsuit related to childhood sexual abuse. Contact the Law Offices of Omar Gastelum and Associates APLC in Whittier, California, to set up a consultation.
Sources
https://keyt.com/lifestyle/2023/10/10/governor-signs-bill-removing-civil-statute-of-limitations-for-sexual-abuse-survivors/
A Whittier sexual abuse claims lawyer can help you get justice for childhood sexual abuse; you must be younger than 40 if the abuse happened before 2024.
