Christina Spicer  |  November 7, 2022

Category: Legal News

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The California statute of limitations helps survivors.

More survivors of sexual assault are coming forward with their experiences, calling out their abusers, holding accountable organizations that allowed the abuse — including the Catholic Church and even filing lawsuits against the organizations themselves.

This can be challenging for survivors, not only because of the potential for the resurfacing of trauma, but also because in many states, the statute of limitations may prevent survivors from pursuing litigation.

Around the country, lawmakers are attempting to reckon with the reality that it can take a victim of childhood sexual abuse years to come to terms with their abuse.

In the interest of giving victims the time they need to deal with the trauma of abuse and to decide to seek justice, a number of states, including California, have chosen to raise the statute of limitations on both civil and criminal claims of sexual abuse.

The California statute of limitations is set up to be one of the most favorable for survivors in the entire country, especially under a new law that allows more time for survivors of childhood sexual assault.

California Assembly Bill 218 not only raises the statute of limitations for childhood sexual abuse claims, but offers a look-back window — a period of time during which the California statute of limitations no longer applies, and during which a victim can file a claim, no matter how long ago the abuse occurred.

What is the definition of sexual assault in California?

Sexual assault is an umbrella term that includes a number of different forms of non-consensual sexual contact or behavior, including rape, attempted rape, unwanted sexual touching, sexual battery, forcing a victim to perform sexual acts, and more, according to the Rape, Abuse & Incest National Network (RAINN).

In California, rape is defined as an offender engaging in sexual intercourse with another person who is not their spouse under a number of circumstances, such as if the other person is incapable of giving consent due to a mental disorder, intoxication, or unconsciousness; if they were under force, violence, duress, menace, or fear; if the offender threatened retaliation against the victim or someone else; if the offender threatened to use the authority of a public official to incarcerate, arrest, or deport the victim or someone else; and more. (Note that the rape of a spouse is a separate crime in California. Spousal rape is still rape.)

California law does not define “sexual intercourse” in a narrow manner, and thus, acts that constitute rape include all forms of nonconsensual sexual assault.

California has a specific set of definitions for the rape of a spouse.

Other sex crimes in California can be categorized under the following types:

  • sodomy
  • forcible acts of sexual penetration
  • oral copulation
  • sexual battery
  • unlawful sexual acts procured by fraud or false pretenses
  • aggravated sexual assault of a child
  • sexual acts with a child 10 years or younger
  • unlawful sexual intercourse with a person younger than 18

RAINN breaks down the definitions of these crimes and potential penalties in California on its website.

California statute of limitations sexual assault overview

The California statute of limitations for sexual assault litigation has varying time limits for different sexual assault cases, as well as different statutes of limitations for criminal charges and criminal claims.

The California statute of limitations is one of the most favorable for survivors of sexual assault, especially under a new law to protect child victims.In California, adult survivors of sexual abuse (that is, the abuse occurred when they were an adult) have 10 years from the date of the last act to file a civil action against the perpetrator, or three years from the date the plaintiff discovers or reasonably should have discovered that an injury or illness resulted from the act.

This statute of limitations is relatively new, taking effect Jan. 1, 2019. An assault that occurred before this date may be held to the old California statute of limitations: three years from the date of the attack.

Civil lawsuits are different than criminal lawsuits, however.

Under California law, “prosecution for rape, sodomy, lewd or lascivious acts, continuous sexual abuse of a child, oral copulation, and sexual penetration,” under certain circumstances, can begin at any time, applicable to any offense that occurred after Jan. 1, 2017.

Has the statute of limitations been expanded for child sexual abuse?

The California statute of limitations for child sexual assault was updated in January 2020.

Now, childhood victims of sexual assault have until they turn 40 years old, or within five years of the discovery of the abuse, to file a civil lawsuit, the Los Angeles Times reported.

The law also introduced a three-year look-back window to revive any claims that may have been previously barred because of the old statute of limitations.

AB 218 leads to lawsuits against Catholic church

The expanded California statute of limitations has reportedly led to an increase in interest in litigation against the Catholic Church over allegations of child sex abuse that occurred in the past.

Indeed, after Assembly Bill 218 passed, lawsuits were filed against almost all of California’s bishops, as well as the archdioceses of Los Angeles and San Francisco and several high schools, The Argonaut reported.

“That’s just the beginning,” an attorney representing the plaintiffs said in January, according to The Argonaut. “We’re launching suits against a variety of institutions, from private to public, with dozens if not now hundreds of cases that our team is preparing. We’re getting calls and working them up as we speak.”

Removing the deadline imposed on victims of child sex abuse has opened the door to legal action against the Catholic Church in California; however, one diocese has reportedly been withholding the names of priests who have been accused of child sex abuse.

The Roman Catholic Diocese of Fresno initially refused to release such a list, The Fresno Bee reported.

According to advocates for survivors of child sex abuse, the diocese may be attempting to dodge lawsuits filed under AB 218’s expanded statute of limitations. Most other dioceses in California released lists of credibly accused priests in 2018 and 2019.

Despite indicating a list would be provided in early 2020, the Fresno Diocese has yet to act, according to The Fresno Bee.

In June 2021, an official said that the diocese is close to releasing its report with a list of priests accused of abuse, per the Fresno Bee.

“We are in the process of finalizing that report,” said Cheryl Sarkisian, chancellor and victim assistance coordinator for the diocese. “It has been time- and labor-intensive and is close to being finalized for release soon.”

How can a California sexual abuse attorney help you?

Even though the California statute of limitations for sexual assault has recently been expanded, it is important for survivors to file litigation as soon as they can if they intend to do so in order to preserve evidence, get prompt justice, and meet deadlines.

The California statute of limitations aims to help survivors.

A growing number of people are coming forward with litigation against their abusers, as well as against organizations and institutions that they claim ignored, facilitated, or covered up this abuse. Lawsuits have been filed against organizations like schools (from K–12 to college campuses), sports teams, the Boy Scouts and the Catholic Church, among many others.

A number of institutions have faced allegations of enabling abuse, filed under California’s Assembly Bill 218.

The Chronicle of the Horse, an equestrian publication, reported on allegations launched against the U.S. Equestrian Federation and other athletic organizations.

The Chronicle of the Horse says the U.S. Equestrian Federation has come under fire in a California abuse lawsuit, as victims say that top trainer Jimmy Williams was accused of misconduct. Two other similar lawsuits were filed against the organization in New York, they note.

The first major filing under Assembly Bill 218 was reportedly filed by six women who launched claims against USA Swimming’s national and local associations.

The Chronicle of the Horse notes that the NCAA and U.S. Figure Skating are facing lawsuits under the bill, as well.

These claims were followed by others in different sports organizations.

Filing a child sexual abuse lawsuit in California

If you have suffered from childhood sexual abuse or assault, even if it took place years or even decades ago, you may be able to file a lawsuit and pursue compensation. Filing a lawsuit cannot take away the pain and suffering caused by assault, but it can at least provide some kind of financial compensation, as well as help to hold individuals and organizations accountable for their actions and inactions.

Under the California Child Victims Act, survivors of sexual abuse or assault have been given more time to pursue litigation. Even those whose allegations date back decades can be filed during the Act’s three-year look back window. This window began in January 2020, and ends on Dec. 31, 2022.

California is one of a number of states to have recently made changes to their sexual abuse laws.

Filing a lawsuit can be a daunting prospect, especially over something as traumatic as sexual assault, so Top Class Actions has laid the groundwork for you by connecting you with an experienced California sexual abuse attorney.

Consulting a California sexual abuse attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.

Join a free California sexual assault lawsuit investigation

If you or a loved one suffered from sexual abuse related to an institution in California, you may qualify to join this California sexual assault lawsuit investigation. Learn more by filling out the form on this page for a free case evaluation by a sexual assault lawyer.

Learn More

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

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