A lawsuit alleging that a California school district failed to prevent a teacher from committing sexual child abuse against a first grader has been revived.

At first, a summary judgment ruled in favor of the Victory Elementary School District and tossed the case, but a California appeals court has now reversed the decision, noting that a new law has relaxed certain requirements for the statute of limitations and extended the time period in which victims of child sex abuse can sue.

According to the lawsuit, the plaintiff (called Jane Roe, since plaintiffs in child sexual abuse lawsuits are given a level of anonymity) says that an art teacher, Rogelio Cardenas, molested her in 2005 as a student in the Victor Elementary School District.

Numerous complaints had been filed about the teacher, the lawsuit says, but the district failed to act in a manner that would have prevented this abuse.

The Government Claims Act has a one-year statute of limitations for lawsuits filed against public entities, such as a school district. Because the plaintiff did not file her claim within this time period, and also failed to petition the trial court for relief, the San Bernardino County Superior Court judge originally tossed the case.

The plaintiff filed an appeal, and while it was still pending, California Governor Gavin Newsom signed in Assembly Bill 218, which offers further protection for victims of child sexual abuse.

Specifically, the statute of limitations for cases of sexual child abuse was extended, and moreover, a three-year “lookback window” was also enacted, in which victims of child sexual abuse, no matter when it took place, are able to pursue a civil suit over the abuse. This California statute of limitations law went into effect on the first of the year.

“Because Roe’s claim against the District is no longer subject to the Government Claims Act, it necessarily follows that Roe’s failure to petition the superior court for relief from the claims presentation requirement before filing her lawsuit no longer operates as a bar to her lawsuit,” Law360 reports that the appeals panel wrote in the child sex abuse lawsuit.

While litigation can never take away the pain and suffering caused by sexual abuse, especially the sexual abuse of a child, the chance to file a lawsuit can help bring some compensation and peace of mind to victims, as well as hold those responsible accountable for their actions.

“Rogelio Cardenas, the perpetrator, admitted to police that he molested at least 16 girls,” an attorney for the plaintiff told Law360. “Some or all of these victims may now have an opportunity to take legal action where they may otherwise have been barred.”

If you or someone you love has been a victim of childhood sexual abuse, you may be able to file a lawsuit and pursue compensation.

Filing a lawsuit can be a daunting prospect, especially over something like child sex abuse, so Top Class Actions has laid the groundwork for you by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.

The Sexual Child Abuse Lawsuit is Case No. E069073, in the Court of Appeal of the State of California, Fourth Appellate District.

This article is not legal advice. It is presented
for informational purposes only.