Joanna Szabo  |  October 23, 2019

Category: Legal News

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A woman prays over a bible.California recently introduced a new law that gives survivors of child sexual abuse more time to decide if they want to file lawsuits.

Governor Gavin Newsom signed the law on Oct. 12, which gives survivors of child sexual abuse until they reach the age of 40—or five years from the discovery of the abuse—to file any civil lawsuits. This is considerably more time than the previous limit, which set the deadline at the age of 26, or five years from the discovery of the abuse.

But before this statute of limitations goes into effect, there will be a three-year period (starting Jan. 1, 2020) in which victims of any age can bring forward lawsuits, no matter when the abuse occurred.

“The idea that someone who is assaulted as a child can actually run out of time to report that abuse is outrageous,” said Democratic Assemblywoman Lorena Gonzalez, who authored the bill.

“We shouldn’t be telling victims their time is up when in reality we need them to come forward to protect the community from future abuse,” Gonzalez said.

California is the most recent of several states to expand the statute of limitations for these victims. Earlier this year, New York and New Jersey both raised their statutes of limitations even higher—in these two states, victims will now have until age 55 to file civil lawsuits over child sexual abuse. New York also introduced a one-year suspension of the statute of limitations so that anyone could file a lawsuit over abuse. In New York, this has led to hundreds of lawsuits filed against a number of major organizations, including the Catholic Church, hospitals, schools, and even the now-deceased Jeffrey Epstein.

A similar rush of lawsuits is expected in California after the statute of limitations is suspended at the start of the year. One attorney said that his law firm currently represents approximately 100 individual survivors of child sexual abuse who are filing claims against the Boy Scouts, schools, foster homes, and Catholic Diocese.

Some school districts are worried about the effects that this new law may have on their finances, since it has been made easier for victims to win in court. Institutions that can be proven to have covered up the abuse may be hit with treble damages.

“This bill has a very real chance of bankrupting or impoverishing many districts which would inhibit our ability to properly serve today’s students and students in years to come,” said Troy Flint, a spokesman for the California School Boards Association.

Sexual abuse and assault is deeply traumatic, and many survivors may not be able to come forward immediately with their allegations of abuse. The effects of sexual abuse on children are numerous and, in many cases, long lasting. Expanding the statute of limitations—and suspending it for the next three years—will hopefully allow more victims of childhood sexual assault to have their allegations heard and those responsible held accountable.

Join a Free California Sexual Assault Lawsuit Investigation

If you or a loved one suffered from sexual abuse related to an instution in California, you may qualify to join a 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.

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

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