California sexual assault laws are meant to protect residents from forcible, fraudulent, or otherwise non-consensual sex acts. These laws lay out both the definitions of sexual crimes and their punishments.

These laws also give Californians the right to sue their abusers in civil court. As experts begin to better understand these crimes, and our understanding of human psychology improves, sexual assault laws have begun to change.

One such change came in the form of Assembly Bill 218, passed in California in 2019, which represents a big win for sexual assault victims and victim advocates.

California sexual assault laws overview

Under California’s sexual abuse laws, sexual battery is defined as touching an intimate part of another person against their will or while they are unable to consent, according to an overview of these laws laid out by RAINN, the Rape, Abuse & Incest National Network, the largest anti–sexual violence organization in the U.S.

Situations constituting sexual battery may include a victim being restrained, drugged, unconscious, or mentally incapacitated.

Under California sexual assault laws, it is also considered sexual battery to tamper with or remove a condom without consent (a dangerous, abusive trend known as stealthing).

Acts of rape and forced penetration are considered separate crimes and are defined as follows: rape and forced penetration involve a person penetrating or engaging in intercourse with another either by force, by threats of retaliation or imprisonment, while the person is unable to consent, or while the person has been led to believe the perpetrator is someone else.

California sexual assault laws also prohibit any type of sexual penetration or oral copulation committed on a child under the age of 14 by someone seven years older than the victim, which is considered aggravated sexual assault of a child. This includes instances in which the victim is under threat of violence or the injury of another, either immediately or in the future. Unlawful sexual intercourse with a person under 18 is considered a separate crime, and California has several other specific laws about sex acts with minors.

Punishments for these offenses vary based on the specifics of the crime. For instance, rape is punishable by imprisonment of three, six, or eight years, but that punishment may be increased to nine, 11, or 13 years if the victim is a child. Punishments are generally greater for repeat offenders and those who restrain their victims or assault victims who are incapacitated or unconscious.

Under California law, punishment for rape generally ranges between 3 years and 14 years. Forcible penetration is punishable by 3 years to 12 years’ imprisonment, while sexual battery is punishable by fines of up to $10,000 and imprisonment of up to four years for prior offenders. Sexual assault of a child is punishable by a prison term of 15 years to life. If the child is under the age of 10 and the offender is 18 or older, the punishment ranges from 25 years to life in prison.

How many sexual assault cases in California are reported yearly?

There are nearly half a million sexual assault victims (age 12 and above) each year in the United States, according to RAINN. Victims in California would make up roughly 950,000 (including children) based on an estimate in a 2018 study on the cost of sexual assault in California conducted by the California Coalition Against Sexual Assault (CALCASA). That same study, however, found that the total incidents of assault likely exceeded 1.1 million in the years the study covered.

Another study conducted by five major anti-sexual assault organizations including CALCASA found that 86% of women and 53% of men in California reported experiencing a form of sexual assault or harassment in their lifetime. The same study found that while these crimes are common, reporting them is not.

Is there a new California sexual assault law?

The West Coast has joined the east in an effort to make it easier for victims of childhood sexual assault to seek justice, according to The Sacramento Bee.

Like the New York Child Victims Act, California Assembly Bill 218 extends the statute of limitations for childhood sexual assault and establishes a “look back” window for victims to file cases that are outside the statute of limitations. This window began in January 2020 and is set to close on Dec. 31, 2022.

Under earlier California sexual assault laws, victims of childhood sexual abuse had until the age of 26 or three years after the point they realized they were abused to file, whichever came later. Under this new California Child Victims Act, victims may have had to choose between filing before they felt comfortable talking about their abuse, or simply not filing at all. With Assembly Bill 218, survivors have a longer time to file.

What is the California sexual assault statute of limitations?

Under California sexual assault laws, victims of rape or forcible penetration who were over the age of 18 at the time of the offense have six years to file criminal charges against their rapists. Lesser crimes still under the category of sexual assault have a statute of limitations of three years.

Statutes of limitations in sexual assault cases involving children are determined based on whether the victim was aware that they were sexually assaulted as a child or if the victim spent some time as an adult unaware of a sexual assault that occurred when they were a minor.

In the first case, survivors of childhood sexual abuse have until the age of 40 to sue under California sexual assault laws. Those who have recently discovered that they suffered abuse as a child have five years to file a lawsuit from the point of the initial realization.

For survivors whose case is beyond the statute of limitations, a three-year “look back” window has been established in which these victims can file lawsuits. This means that if a person suffered childhood sexual assault but didn’t file a lawsuit before the age of 26, or within three years of their realization, they now have a second chance to do so.

For instance, a victim of childhood sexual assault who perhaps didn’t feel comfortable talking about the abuse by the time they were 26 years old can now use the “look back” window to hold their perpetrator(s) accountable.

Swimmers file lawsuit under new California sexual assault laws

In 2020, six women filed suit against USA Swimming under the extended deadline provided by Assembly Bill 218. The plaintiffs claim that the swimming organization did not do enough to protect them from coaches who abused them, according to a June USA Today report.

The lawsuit alleges that high-ranking USA Swimming officials were made aware of the alleged abuse and the coaches allegedly predatory behavior with underage swimmers. However, officials, including a former executive director of the organization, failed to address the behavior, the lawsuit states. As a result, say the plaintiffs, swimmers were systematically abused and harassed by the same coaches.

According to USA Today, one plaintiff experienced abuse while participating in USA Swimming programs from the age of 11 until age 16. She told the newspaper that her coach, Andrew King, groomed her family and friends to get away with the abuse and that she suffers from depression as a result.

The plaintiff also told reporters that her abuse was “100% preventable” and that she hopes her lawsuit will “wake up USA Swimming.” King has since been convicted of child molestation and sentenced to four decades in prison, USA Today reports.

Another plaintiff in the lawsuit alleges sexual abuse by another USA Swimming coach, Mitch Ivey, and that the abuse progressed to the former swimmer getting pregnant when she was 17. She told USA Today that USA Swimming “enabled Ivey” to sexually abuse her.

USA Today reports that the swimming organization claims that its policies and procedures have changed and young swimmers are now protected, however the plaintiffs contend that a culture of abuse still exists in the organization.

$73M settlement with UC over sex abuse lawsuit

Women who accused a former UCLA gynecologist of sexually abused them have reportedly reached a settlement with the University of California system worth $73 million.

Seven women alleged that UCLA gynecologist James Heaps sexually assaulted them, along with thousands of other patients, between 1983 and 2018, per the Associated Press. The plaintiffs lodged the complaint against Heaps, who is currently awaiting trial on criminal charges, as well as UCLA and the university system for violating California sexual assault laws.

AP reported that UCLA began investigating Heaps in 2017, but failed to notify the university community about the allegations until 2019. After the former doctor’s 2019 arrest, hundreds of women came forward alleging abuse under Heaps’ care.

The lawsuit claimed that Heaps made sexual comments to patients, as well as touched them inappropriately during medical exams.

Under the terms of the settlement, Heaps’ patients will receive a minimum $2,500 payment, even if they did not report any instance of sexual abuse by the former doctor. Settlement amounts of up to $250,000 may be awarded as well, reports the AP. The cases will be reviewed by a panel of experts. In addition to the $73 million, UCLA has agreed to implement new policies for reporting sexual abuse and medical staff training.

This is just the latest settlement over abuse allegations by a University of California doctor, according to the AP. A $215 million settlement was approved for victims of former gynecologist George Tyndall, who reportedly sexually abused patients while he worked at the University of Southern California.

Should you hire a California sexual abuse lawyer?

A growing number of people are coming forward with allegations of sexual abuse, some of which occurred years or even decades ago. If you or someone you love has suffered from sexual abuse, you may be able to file a lawsuit and pursue compensation.

California sexual assault laws aren’t straightforward, and the crimes these laws prohibit are often deeply traumatic and emotional for the victim. Because of this, seeking legal assistance can be incredibly helpful for survivors of sexual assault interested in seeking damages from their abuser or any other entity that may be responsible for the abuse.

If you are planning on filing a sexual assault lawsuit, you may wish to first speak with an attorney in order to strengthen your case. 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.

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