Many childhood survivors of a California sexual assault have just under two more years to bring forward the allegations and to file a civil lawsuit, regardless of how long ago that abuse took place. Now, those who were sexually abused by priests or other members of the clergy as children have until Dec. 31, 2022 to file a lawsuit — just a little less than a year away.

The clergy abuse lawsuit extension in California is possible due to the state’s Child Victim’s Act signed into law by Gov. Gavin Newsom in October 2019. The law became effective Jan. 1, 2020.

Sponsored by Democratic Assemblywoman Lorena Gonzalez of San Diego as Assembly Bill (AB) 218, the Child Victims Act provides a three-year look back window for survivors of child sexual assault to file a claim no matter how long ago the abuse occurred.

On top of the three-year look back window, the Child Victims Act also expands the statute of limitations. The California statute of limitations now gives survivors of childhood sexual abuse until age 40 to file lawsuits, compared with the previous cut-off age of 26. Adults who recently discovered that they were abused now also have five years from the point of discovery in which they can file a lawsuit, even if they are older than 40 years old.

Clergy Abuse Lawsuit Extension in California

California’s Child Victims Act was designed to ensure people who endured child sexual assault and abuse could seek restitution years later as adults. In addition to the look back window that allows past claims to be revived even if they would have expired due to the passing of the statute of limitations, the Child Victims Act also allows victims to collect three times the damages if a cover-up of the abuse can be proven.

The state’s look back window, which expires in just under a year on Dec. 31, 2022, is designed to provide adults with the chance to seek restitution if it took them years to recognize they were abused as children.

Adult survivors of childhood sexual abuse may have repressed memories or may suffer from guilt and other complicated emotional repercussions that they don’t tell anyone about the abuse for years according to the Rape, Abuse & Incest National Network (RAINN), the largest anti-sexual violence organization in the country.

When the perpetrator is an authority figure and highly respected in the community, such as a member of the clergy, the child often finds it even more difficult to tell another adult of the abuse. In some cases, the child isn’t believed or is rebuffed the first time they confide in an adult, which means they don’t feel comfortable telling anyone else after that. A lack of trust in others can affect the survivor’s self-esteem and ability to establish healthy relationships in the future, and it can also mean that survivors may take many years before they talk about their abuse again.

One of the most high profile people to be implicated in the Roman Catholic Church sexual abuse scandal is ex-Cardinal Theodore McCarrick. The Vatican conducted an investigation for two years and released a report in late fall that concluded McCarrick had the help of fellow cardinals, bishops and even popes who helped conceal the abuse committed by McCarrick.

McCarrick was defrocked (removed from ministry) after “credible” allegations that he sexually abused a 16-year-old altar boy as a priest in New York in the early 1970s, according to the Chicago Tribune.

The two-year investigation by the Vatican found that in the year 2000 when St. John Paul II was pope, he appointed McCarrick to the position of archbishop of Washington, according to the Associated Press. Despite the pope being informed that McCarrick had slept with adult seminarians, a fact that could place the church at risk of a scandal if anyone came forward with such allegations, the pope promoted McCarrick to a cardinal position.

RAINN reacted to the Vatican’s report on McCarrick.

“This report, while welcomed for its transparency, is only one of many steps the Vatican needs to truly rout out sexual abuse within the church,” Erinn Robinson, press secretary for RAINN, said in a statement. “Survivors of clergy sexual abuse have been courageously coming forward for decades. Every one of them deserves accountability.”

The clergy abuse lawsuit extension in California will allow survivors of childhood sexual abuse to hold accountable those who preyed upon them, no matter how long ago the abuse occurred. Survivors who are eligible for awards through civil lawsuits include those who were sexually assaulted by former U.S. Olympic gymnastics team doctor Larry Nassar, who was convicted in 2018.

Filing a California Childhood Sexual Abuse Lawsuit

A growing number of people are coming forward with allegations of childhood sexual abuse in California, with the recent changes made to the state’s child sex abuse laws and the open lookback window. California is one of several states that have recently expanded their sexual abuse laws.

If you or a loved one suffered from sexual abuse in California, whether in a religious institution, school, or other organization, you may be able to file a lawsuit and pursue compensation. Filing a lawsuit can be a daunting prospect, 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.