Recent changes in California law have significantly impacted how sexual abuse cases involving schools are handled, particularly regarding statutes of limitations. This guide examines the current legal framework, important deadlines, and critical considerations for survivors of school-related sexual abuse.

In California, How Long Do Victims of Sexual Abuse Have to File a Case?

Depending on whether the victim is an adult (over the age of 18) or a minor, there are varying deadlines for filing a lawsuit in civil cases.

Victims of childhood sexual assault occurring on or after January 1, 2024 no longer have a time limit to bring a civil case. This is under the recently revised California Code of Civil Procedure section 340.1. If the childhood sexual assault occurred before 2024, the survivor must file their case either before their 40th birthday or within five years of discovering their psychological injury.

Victims may be entitled to triple damages in their claim if the abuse during childhood was concealed.

Adult victims of sexual abuse or assault may file a case 10 years from the date of the incident or 3 years from discovering any injury caused by the attack. This is according to California Civil Code section 340.16.

Timeframe for Legal Action Against Government Entities

The timeframes for claims against California government bodies are shorter. If you’re considering filing a sexual abuse lawsuit against a government entity (such as a city or a school district), you may have as little as six months to file. Your case can be prohibited if you miss the six-month deadline. This applies whether you are a child or an adult victim.

Recent Legislative Changes

As of January 1, 2024, California has eliminated the statute of limitations for child sexual abuse lawsuits moving forward. This groundbreaking change represents a significant shift in how the state handles these sensitive cases, providing survivors with more opportunities to seek justice.

Additionally, Congress approved Public Law 117-224 or the Speak Out Act in December 2022. This law exempts sexual harassment or sexual abuse claims from being silenced by non-disclosure agreements (NDAs).

If an NDA tries to prohibit you from reporting your abuse or assault, the Speak Out Act renders the NDA unenforceable if you signed it prior to the attack. Therefore, you might be entitled to bring a civil claim for damages against your abuser if you were injured within the timeframes specified by the State of California.

Lookback Windows and Special Provisions

A lookback window is a legal mechanism that allows people to bring civil claims for prior acts of sexual abuse or assault even when the usual time limits have passed. It does this by temporarily suspending the statute of limitations. Assembly Bill 2777 created the present lookback window in California, which gives survivors a genuine chance to seek justice. 

The AB 2777 lookback window applies to assaults occurring after January 1, 2009. The three-year window opened on January 1, 2023 and closes on December 31, 2026. Without this extension, victims of sexual assault in 2009 would have already had their time limits expired, because the typical period to file is 10 years. Now, with the lookback period, they have a renewed window for suing their perpetrators.

Groups of survivors of sex abuse have started to come out across the nation during the past 30 years. Those who endured abuse at the hands of the Catholic Church may be the most well-known, but others managed to survive abuse at a number of other organizations, including: 

• American Boy Scouts
• American Girl Scouts
• Camps & Facilities Run by the California Youth Authority (CYA)
• Latter-day Saints’ Church of Jesus Christ (LDS).

Many of these survivors were denied justice because the statute of limitations had already passed when they came forward. When they eventually came forward to share their stories, those who had endured decades of suffering in silence had nowhere to turn.

With California’s recent changes, however, survivors of sexual abuse have a longer opportunity to take legal action, as they need time to recover from the harrowing experience.

Frequently Asked Questions

How does the delayed discovery rule affect school sexual abuse cases?

The delayed discovery rule acts as a reset button for the statute of limitations. This provision recognizes that many survivors may not readily recognize the harm they suffered, or may not immediately connect their current psychological challenges to past abuse.

For instance, survivors of childhood sexual abuse may experience psychological effects well into adulthood, and only later discover these are due to their childhood abuse. Such survivors have five years to file suit, not from the date of assault but from the date they discover the injuries it caused.

What responsibilities do school districts have regarding sexual abuse prevention?

School districts must take reasonable steps to prevent sexual abuse and implement appropriate safeguards. This includes proper screening of employees, maintaining adequate supervision, and taking prompt action when abuse is suspected or reported. School districts can be held responsible if they knew or should have reasonably known about potential abuse and failed to take appropriate preventive measures.

What damages can be recovered in a school sexual abuse case?

Victims may recover various types of damages including:

• Medical expenses
• Psychological treatment costs
• Pain and suffering
• Lost income and earning capacity.

Additionally, if a cover-up is proven, victims may receive triple damages (“treble damages” in legal terms).

Q: Will the recent changes to California law with regards to sexual abuse cases be beneficial to my case?

If you survived sexual assault or abuse, whether as a child or an adult, California’s legislative changes may be helpful to you.

In the past, offenders and their organizations frequently took advantage of the very restrictive statutes of limitations. Survivors of sexual assault often lost their chance to sue, as they put off reporting due to the trauma of the event and the humiliation or fear of coming forward. California recognized the emotional difficulties faced by survivors and gave them a better chance to seek justice by expanding the time frame for filing claims. 

What distinguishes criminal sexual abuse lawsuits from civil ones?

Criminal cases are brought by the state with the goal of punishing the perpetrator. A civil case, on the other hand, is brought by the victim, aiming to receive compensation for the harm they suffered. Compensation may cover not just the survivor’s financial losses but also their emotional or psychological suffering.

With regard to sexual abuse or assault, criminal cases and civil lawsuits are completely separate proceedings. Be aware that your deadlines are unaffected by any criminal charges that are still unresolved. The outcome of a criminal case also does not dictate that of your civil case. This means that even if the defendant is found Not Guilty in criminal court, you may still pursue your claim in civil court.

Confidential Consultation: Talk to Hamparyan Personal Injury Lawyers About Your Potential School Sexual Abuse Case

We understand that navigating the complexities of California school sexual abuse cases can be overwhelming. At Hamparyan Personal Injury Lawyers, we have a proven track record of successfully handling sensitive cases with the care and dedication they deserve. Our team has recovered over $100 million for our clients, with more than 40 individual settlements exceeding $1 million.

We invite you to reach out to our experienced legal team for a confidential, no-cost consultation to discuss your case. Let us help you understand your rights and options under California’s current laws. Call us today at (619) 550-1355 to speak with a compassionate attorney who will fight tirelessly for your rights and the compensation you deserve.