San Diego Child Sexual Abuse Lawyer

California law recognizes that survivors of childhood sexual abuse often need years or even decades before they’re ready to come forward. The state has repeatedly expanded protections for survivors through legislation designed to remove barriers to justice. This includes eliminating certain statutes of limitations (time limits) and holding accountable any party that covered up the abuse.

If you’re a child sexual abuse survivor in California, we at Hamparyan Personal Injury Lawyers are here to represent and assist you when you’re ready to pursue a civil case. A successful claim can empower you to access resources for healing and gain a sense of justice. As a trusted San Diego personal injury firm with over 30 years’ experience, we at Hamparyan have won favorable compensation for our clients while treating them with respect and sensitivity.

The Hamparyan firm will not charge any lawyer fees unless you’re compensated. Contact us for a free consultation that’s absolutely confidential. Call us today at (619) 550-1355.

Understanding California’s Child Sexual Abuse Laws

Under California Code of Civil Procedure Section 340.1, childhood sexual abuse refers to sexual contact that occurred before a person’s 18th birthday. This includes a broad range of conduct defined in California’s criminal statutes, from physical contact to exploitation through imagery.

California’s 2019 Child Victims Act (Assembly Bill 218) represented a major shift in how the state approaches these cases. It extended filing deadlines and allowed survivors more time to pursue justice. Then in 2023, the legislature went further. Assembly Bill 452 completely eliminated the statute of limitations for childhood sexual abuse that occurs on or after January 1, 2024.

This means survivors whose abuse occurred after that date can file civil lawsuits at any time during their lifetime. There’s no deadline. The law recognizes that trauma can take many forms and that healing happens on different timelines for different people.

For abuse that happened before 2024, different rules apply. Survivors must file by their 40th birthday or within five years of finding that psychological injuries they experienced as adults were caused by the childhood abuse. Courts apply the later of these two deadlines.

Who Can Be Held Liable in These Cases

Multiple parties can be held liable in civil lawsuits for child sexual abuse. The most obvious defendant is the person who committed the abuse, but California law also allows survivors to sue institutions and organizations that failed to protect them. For example:

• Schools can be held liable when they ignore warning signs or don’t properly investigate abuse complaints. This includes failing to conduct adequate background checks on employees, not training staff to recognize abuse, or not following mandatory reporting requirements that apply to teachers and school officials.
• Religious organizations have faced significant liability in California when they knew about abuse and covered it up or simply moved perpetrators to different locations.
• Youth groups like the Boy Scouts and Girl Scouts can also be liable if they failed to implement reasonable safeguards.
• Sports programs and coaches may be defendants when abuse occurs in athletic settings.
• Foster care agencies and group homes are responsible when children in their care are harmed.
• Daycare centers and summer camps can face lawsuits if they don’t take reasonable steps to protect children.

The key is showing that these institutions owed a duty of care to the child and that their negligence or intentional acts allowed the abuse. In many situations, the institution has more resources than the individual perpetrator to compensate survivors. That’s why California law makes it possible to sue these entities directly.

Attorney Robert Hamparyan and our team at Hamparyan Personal Injury Lawyers work to identify all responsible parties in these cases, not just the individual abuser.

Abuse Cover-Ups and Treble Damages

California law includes specific provisions for cases where institutions covered up abuse. Under Section 340.1, survivors may recover “treble damages” – that is, three times their actual damages – when they prove that a party engaged in a cover-up.

The law defines a cover-up as a concerted effort to hide evidence related to childhood sexual abuse. This might include:

• Destroying records
• Intimidating witnesses
• Deliberately failing to investigate known allegations.

For example, if a school received multiple complaints about a teacher but took no action and actively discouraged students from reporting, that could constitute a cover-up. If a church knew a priest had abused children but simply transferred him to another parish without warning, that’s a cover-up.

Treble damages are designed to punish institutions that prioritize their reputation over children’s safety. They also deter similar conduct by other organizations. However, California courts have ruled that public entities like school districts can’t be ordered to pay treble damages because state law prohibits punitive awards against government agencies. If you’re claiming against a public organization, it’s all the more important to get the advocacy of an experienced attorney.

What Child Sexual Abuse Survivors Can Recover

Civil lawsuits for child sexual abuse allow survivors to seek compensation for both economic and noneconomic damages. Economic damages include:

• Medical expenses: These may cover physical injuries and ongoing mental health treatment such as therapy, medications, and psychiatric care that may continue for years.
• Lost income: Survivors can also claim for lost income if the abuse caused them to miss work or limited their career options. Some survivors struggle with education or employment as adults due to trauma they experienced as children.

Non-economic damages compensate for pain and suffering, emotional distress, and loss of enjoyment of life. These intangible harms are often the most significant part of a survivor’s claim. The law recognizes that childhood sexual abuse can cause lasting psychological injury that affects relationships, self-esteem, and overall quality of life.

In cases involving a cover-up, survivors may receive up to three times their actual damages. This multiplier applies to both economic and non-economic losses.

Special Requirements for Older Plaintiffs

Survivors who are 40 or older when they file a lawsuit must meet additional procedural requirements. The law requires certificates of merit from both an attorney and a licensed mental health practitioner.

The attorney must certify that they reviewed the case, consulted with a qualified mental health professional, and concluded the claim has merit. The mental health practitioner must be licensed in California, independent of the case, and must interview the survivor. They need to confirm there’s a reasonable basis to believe childhood sexual abuse occurred.

These certificates protect against frivolous claims while still allowing legitimate cases to proceed. They ensure that older survivors who come forward after many years have credible claims supported by professional evaluation.

The Impact of Childhood Sexual Abuse

The effects of childhood sexual abuse extend far into adulthood. Research shows survivors face higher rates of depression, anxiety, and post-traumatic stress disorder. They’re more likely to struggle with substance abuse and have difficulty maintaining stable relationships.

According to the Centers for Disease Control and Prevention, at least one in four girls and one in 20 boys in the United States experience child sexual abuse. About 90% of childhood sexual abuse is perpetrated by someone the child or family knows and trusts.

The CDC estimates the total lifetime economic burden of child sexual abuse in the United States was at least $9.3 billion in 2015. These costs include medical care, special education, child welfare services, and lost work productivity.

Women who experienced child sexual abuse are at two to 13 times increased risk for sexual violence in adulthood. People who experienced childhood sexual abuse are at twice the risk of intimate partner violence later in life.

Many survivors don’t report abuse immediately. A review by the San Francisco Chronicle revealed that on average, survivors file lawsuits around age 49. Some estimates indicate that 86% of child sexual abuse goes unreported. This delay is why California has repeatedly extended filing deadlines. Survivors often need time to understand the connection between childhood trauma and adult psychological injury.

Frequently Asked Questions

Can I file a lawsuit if the abuse happened decades ago?

If the abuse occurred on or after January 1, 2024, there’s no time limit to file. If the abuse occurred before 2024, you can file until your 40th birthday or within five years of finding that your psychological injury was caused by the abuse, whichever is later.

Do I need to report the abuse to the police before filing a civil lawsuit?

No. Civil lawsuits are separate from criminal cases. You can file a civil claim even if you never reported the abuse to authorities and even if no criminal charges were filed.

Can I sue if the abuser is dead or in prison?

Yes. California law allows you to sue institutions and organizations that enabled the abuse or failed to protect you, even if the individual abuser is no longer alive or available to pay a judgment.

What if I’m not sure whether I have a valid claim?

An experienced attorney can evaluate your situation and help you understand your legal options. Many survivors aren’t certain about their claims until they speak with a lawyer who understands these cases.

Key Points to Remember

• California has eliminated filing deadlines for childhood sexual abuse that occurred on or after January 1, 2024.
• Survivors can sue both the abuser and institutions that failed to protect them, including schools, churches, and youth organizations.
• If you prove an institution covered up the abuse, you may recover up to three times your actual damages.
• You don’t need to file criminal charges to pursue a civil lawsuit.
• Survivors age 40 or older must provide certificates of merit from an attorney and mental health professional.

Contact Hamparyan Personal Injury Lawyers for Help With Your Child Sexual Abuse Case

If you or someone you know suffered childhood sexual abuse, you may have legal options available. Civil lawsuits provide a path to justice and compensation for the harm you suffered.

Robert Hamparyan is a top-rated personal injury attorney in San Diego. Visit Robert Hamparyan’s profile to learn more about his experience and results. Call (619) 550-1355 to schedule a free and confidential consultation.