The statute of limitations for sexual assault in California – or the deadline that survivors must follow to file a claim – depends on several factors, such as whether the case is civil or criminal, and whether it involves childhood sexual assault.
If you or a loved one are a survivor of sexual assault, it is important to know the deadlines to take legal action in civil or criminal cases.
Call a California sexual abuse lawyer at our firm today for a FREE, confidential consultation at (800) 718-4658 or fill out our quick contact form if you or a loved one has been sexually assaulted. We can help you recover the justice and compensation you deserve.
How California’s Sexual Assault Deadlines Differ by Case Type
The case type dictates the statute of limitations regarding sexual assault crimes:
Criminal Charges
- Adult Survivors: Prosecutors can file criminal charges up to 10 years after the assault
- Child Survivors: If the victim experienced sexual assault as a minor, criminal charges may be filed until the 40th birthday of the victim.
Civil Lawsuits
- Adult Survivors: May file a civil suit up to 10 years after the incident, or within three years of them discovering that an illness or injury was caused by the adult sexual assault.
- Child Survivors:
- Abuse on or after January 1, 2024: No time limit to file a civil lawsuit
- Abuse before January 1, 2024: Survivors may sue until age 40 or within 5 years of discovering the psychological harm caused by the abuse.
Criminal Statute of Limitations for Sexual Assault in California
The time limits regarding criminal charges over things such as sexual assault, rape, lewd or lascivious acts, etc., are as follows:
- Felony sex crimes such as sexual assault and rape often don’t involve a statute of limitations if DNA evidence exists, it involves a child, and the assault occurred after January 1, 2017.
- Criminal sexual assault charges can be filed up to 10 years after the date of abuse with regards to adult victims. However, the sexual assault statutes can be shortened depending on the circumstances. For offenses which can be punished by eight or more years served in state prison, the time limit is only six years. Offenses which are more minor than that can see a statute of only three years.
- Criminal prosecutors may file charges until victims’ 40th birthdays with regards to childhood victims.
Statute of Limitations – Sexual Assault – California – Civil Cases
Under California law, sexual assault survivors may file civil lawsuits seeking compensation for damages. The time limits for filing these lawsuits are as follows:
- Within 10 years of the abuse, or within three years of having discovered psychological damage caused by the abuse, for those who were assaulted as adults
- Until age 40 or within five years of discovering psychological damage caused by the abuse for survivors of childhood sexual assault which occurred prior to January 1, 2024
- There is no time limit for survivors of childhood sexual assault which occurred after January 1, 2024
Civil cases can be filed over sex crimes committed even when criminal charges aren’t pursued or filed.
California Statute of Limitations to File a Childhood Sexual Abuse Case
Thanks to AB-218, survivors of childhood sexual abuse which occurred prior to January 1, 2024 may seek justice by filing a lawsuit until the age of 40, or within five years of discovering that the abuse caused psychological harm.
No time limit exists for those to file lawsuits over childhood sexual assault which happened after January 1, 2024.
These lawsuits may be filed against:
- Individual abusers
- Institutions such as churches or schools
- Entities that covered up abuse, such as the Mormon church
How AB 2777 Impacted the Statute of Limitations for Sexual Assault in California
AB-2777 opened a three-year lookback window, which ends on December 31, 2026, for adult survivors of sexual assault. This lookback window applies even if the old statute of limitations has already passed.
AB-2777 allows for civil lawsuits if:
- The assault occurred on or after January 1, 2009
- The survivor previously missed the filing deadline
This law was passed in order to give survivors another chance at justice via civil action.
Can I Still File a Sexual Abuse Lawsuit in California?
If you or a loved one are a survivor of sexual abuse, keep the following in mind:
- If the abuse happened recently, you almost definitely qualify to file a lawsuit
- If the abuse occurred before 2017, it depends, up AB-2777 may have extended your deadline
Survivors of abuse by doctors, teachers, employers, or rideshare drivers (such as those involved in Uber and Lyft sexual assault cases) may still be able to take legal action, even years later. For instance, the recent Barry Brock sexual abuse lawsuit highlights how victims are coming forward despite time gaps.
Call our law firm today for a FREE, confidential consultation at (800) 718-4758 if you or a loved one are a survivor of sexual assault. We are familiar with all of the complex sexual assault statutes of limitations and can let you know if you qualify to file a lawsuit.
Exceptions That May Extend Your Filing Deadline
There are certain circumstances which may extend the deadline to file a sexual assault case. These exceptions include:
- Something known as the discovery rule dictates that a new time limit begins to run when you discover psychological injury. So, if your sexual assault happened over 10 years ago, is normally subject to a 10 year time limit, but you just discovered yesterday that you experienced psychological harm due to the assault, you would still qualify to file a claim.
- The time limit may be extended if the perpetrator fled or left the state
- Cases involving coercion, trauma or delayed discovery, like those in the Dr. Hajhosseini sexual assault lawsuit or in-flight sexual assault cases, may qualify for extended deadlines under California law.
- Cases involving minors may have separate timelines.
Why It’s Important to Act Quickly
Survivors of sexual assault and their loved ones should act as soon as possible. This is because, as time goes on:
- Evidence may fade or become harder to collect
- Witnesses may move or forget details
- Filing earlier can result in a stronger case overall
Filing sooner simply gives you a better chance at justice and fair compensation for your trauma.
Contact Our California Sexual Abuse Attorneys Today
Call our legal team for a FREE, confidential consultation at (800) 718-4658 if you or a loved one are a survivor of sexual assault. You may also fill out our quick and easy contact form. We’re available 24/7.
We have been representing survivors of sexual assault since 1990 and have recovered over $750,000,000 for clients. Our extensive experience will give us the best chance of recovering justice for you.
We won’t charge any fee to handle your sexual assault case until we recover money on your behalf.
Call us today.
