In October of 2019, California Governor Gavin Newsom signed a bill into law that extended the timeline for survivors of childhood sexual abuse to file a claim. Prior to this, victims of sexual abuse had only until their 26th birthday to file a claim or from three years from the discovery of damages that were a result of the abuse.
The new law, which went into effect on January 1, 2020 now allows for childhood victims of sexual abuse to file claims up to their 40th birthday or within five years that the injured person discovers or reasonably discovers that they have suffered psychological injury or illness after they have achieved majority, their 18th birthday. In addition, the new law allows for a new 3-year window to revive claims that would not otherwise have been permitted as of January 1, 2020.
The law, which was put forward in the State Assembly originally as AB-218 amends existing California law (in this case, section 340.1 of the Code of Civil Procedure) addresses damages for childhood sexual assault and the statute of limitations. The exact wording of the opening paragraph of the bill (now law) is as follows:
Blockquote: In an action for recovery of damages suffered as a result of childhood sexual assault, the time for commencement of the action shall be within 22 years of the date the plaintiff attains the age of majority or within five years of the date the plaintiff discovers or reasonably should have discovered that psychological injury or illness occurring after the age of majority was caused by the sexual assault, whichever period expires later, for any of the following actions:
The law goes on to list the specific actions.
The full text of the law can be found here: https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=201920200AB218&showamends=false
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Many victims as well as those in the legal field who represent such victims welcome the new changes to the law. In effect, the old law put more burdens on childhood victims than on their adult counterparts.
In the view of some, like personal injury attorney (link to pers. inj. page) Kyle Scott of Kyle Scott Law in Tustin, CA, the new law makes filing a sexual abuse claim for those who were minors at the time easier. “This does open the window a lot more for childhood victims” Scott said. He added, “And that’s great, but in general, for sexual abuse cases, there are different statutes of limitations. It pays to consult with an attorney and in all cases, the quicker someone acts to file a claim, the better chance they have to see it through to a good outcome. You don’t want to wake up and find that you missed the opportunity to seek damages because the statute of limitations ran out.”
H2: Different Time Limits: Government Claim, Requirement Does Not Apply
Usually when a person is bringing a claim against a government entity—which could be a city, town, county, police department or school district, the claimant has to comply with Government Code section 905 and file a claim within six months of incident. The revised statute of limitations in Code of Civil Procedure section 340.1 has a special provision that amends the requirement of Government Code section 905 and it does not apply when a claim is made pursuant to CCP section 340.1 That doesn’t mean you can delay in bringing your claim. There is an additional requirement that the attorney provide a certificate of merit for injured persons that are over 40 years of age when bringing their claim. There are timelines as to when the certificate of merit must be filed. These somewhat complex requirements show that acting quickly on a sexual abuse claim is in the victim’s best interest. I would not only recommend that you contact an attorney at your earliest, but that you contact an attorney that experience in this area as they will have the resources such as psychological care professionals that will be necessary to successfully bring such a claim and lawsuit.
California Statistics on Sexual Abuse Survivors
The California Coalition Against Sexual Assault provides the following statistics on their website:
- California’s rape crisis centers served 31,790 survivors of sexual violence in the state during fiscal year 2011-2012.
- In fiscal year 2011-2012, 134,322 people received community education about sexual assault in fiscal year 2011-2012.
- It is estimated that there are 8.6 million survivors of sexual violence other than rape in California.
- There are an estimated 2 million female victims of rape in California.
- 5.6 million women in the state have been victims of sexual violence other than rape.
- It is estimated that there are 3 million male survivors of sexual violence other than rape in California.
National Statistics on Survivors:
- Nearly 1 in 5 women (or 22 million) have been raped at some point in their lives in the U.S.
- Nearly 1 in 2 women have experienced sexual violence other than rape at some point in their lives. This equates to more than 53 million women in the U.S.
- Nearly 1 in 5 men (or 25 million) have experienced sexual violence other than rape at some point in their lives in the U.S.
Further Statistics on Sex Crimes and Sexual Assault
Additional statistics and resources on sexual abuse/assault in the United States can be found on the Centers for Disease Control website as well as the National Sexual Violence Resource Center website
For Survivors of Sexual Abuse
Kyle Scott has practiced law for over 28 years and has extensive experience in sexual abuse cases. In 2004 my firm along with another firm had what was at that time the largest sexual assault settlement in the history of California, which was $6,800,000.00. Kyle Scott as a father of two sons and based upon his experience working with survivors of sexual abuse can help guide not only the abuse survivor, but often times the whole family deal with the psychological injuries that affect someone to a significant degree for the rest of their life. By giving the abuse survivor that ability to confront the negative past experience and gain power and control of the harms inflicted, the survivor will be better equipped to have the best recovery and life she can in the future. The new law extending the statute of limitations for filing claims for childhood victims is a positive step, however the totality of laws governing sexual abuse claims can be daunting for victims who have decided to move forward. Putting your trust in an attorney with experience in this area of the law is the best first step in navigating the choppy waters of sexual abuse law. Kyle Scott will help victims make sense of the legal ramifications of the laws and will determine an appropriate strategy to present their cases. Time really is of the essence in sexual abuse cases so if you have been the victim of childhood or adult sexual abuse call 714-544-1460 or 866-757-0959 for a free consultation.