Emily Sortor  |  October 10, 2022

Category: Legal News

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California Child Victims Act benefits survivors.

In 2019, the California State Assembly passed a law that gives victims of childhood sexual assault more time to seek justice against their alleged abusers.

The California Child Victims Act is the recent law enacted to better protect victims of childhood sexual assault, whether it took place in the home, school, youth organization, or elsewhere. Whereas California previously allowed victims to file civil claims regarding childhood sexual assault up to age 26, it now allows victims to file such lawsuits until the age of 40, per the Sacramento Bee.

Additionally, the law gives adult survivors who recently discovered that they were abused in their childhood a period of five years from the point of discovery in which they can file a California sexual assault lawsuit, even if they are older than 40 years old. The previous statute of limitations was three years from the discovery of abuse.

The law change was spurred by “widespread allegations” in the midst of the Roman Catholic Church sexual abuse scandal, reports the Los Angeles Times, as well as by highly publicized cases of abuse by a former doctor for the USA Gymnastics national team, Larry Nassar.

What do people do if they missed the California Child Victims Act?

With the enactment of the California Child Victims Act also came the implementation of a look-back window. This means that for three years, victims of childhood sexual assault can file a lawsuit over past childhood abuse, regardless of the statute of limitations. The look-back window started in January 2020.

There is a little under a year left in the look-back window prior to the Dec. 31, 2022 deadline.

Why did the California Child Victims Act expand the laws of who can file a lawsuit?

Experts claim that the expansion of the statute of limitations and the look-back window are important because, in many cases, it can take decades for people to realize that they were abused as children or to recognize the toll that the abuse took on them.

If victims do realize that they have been abused, fear may prevent them from coming forward. They may have been threatened by their abuser, leading to their silence, or may worry that their claims may not be believed.

California Child Victims Act benefits survivors.Is there opposition to the new law?

As with most legal change, there has been opposition to the California Child Victims Act. The California Association of Joint Powers Authorities and the Schools Excess Liability Fund both raised objections to the bill, saying that bringing old claims to light may be complicated, as such old claims may have limited witnesses, and may be at the mercy of old or inaccurate memories.

The critics also noted that in the case of claims launched against organizations allegedly complicit in abuse, the members of the organization may have changed in the years between the alleged abuse and when a lawsuit is filed.

Have other states enacted similar laws?

Several states have made significant changes to their sexual abuse laws in the last few years. New York State has recently enacted its own Child Victims Act. Like California’s law, New York’s version extends the statute of limitations for civil claims of childhood sexual assault.

The New York law also grants a look-back window for victims who would otherwise be unable to file a claim, but New York’s look-back window was originally only set for one year, according to USA Today.

However, New York extended this period due to the ongoing COVID-19 pandemic, giving survivors until Aug. 14, 2021 to file their claims in the look-back window. The look-back window has now passed in New York, but the expanded statute of limitations remains.

Other states that have opened similar look-back windows include Arizona, Montana, Hawaii, Vermont, New Jersey, and North Carolina, along with the District of Columbia. In most cases, look-back windows range from between one and three years, though Vermont’s look-back window doesn’t actually have an expiration date. Many states have also expanded their sexual abuse laws extending the statute of limitations even after their look-back windows close.

The look-back window opened by the passing of the California Child Victims Act will remain open until the Dec. 31, 2022 deadline.

Filing a California child sexual abuse lawsuit

A growing number of survivors are coming forward with allegations of abuse in their past, within schools, religious institutions, and other organizations. If you or someone you love has suffered from child sexual abuse related to a religious or secular institution in California, you may be able to file a California sexual assault lawsuit and pursue compensation and justice.

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.

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.

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

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