Yes. California law allows survivors of child sexual abuse to sue those who molested them as children.
Survivors may also be able to sue institutions or third parties whose negligence allowed abuse to occur.
Key Takeaways: Suing for Childhood Sexual Abuse
- Survivors can sue abusers directly, as well as any institutions whose negligence enabled abuse.
- No filing deadline exists for abuse which occurred on or after January 1, 2024 under California CCP § 340.1.
- For childhood sexual abuse that occurred before January 1, 2024, survivors generally have until age 40 or within five years of discovering that psychological injury or illness was caused by the abuse to file a lawsuit, whichever is later.
- Survivors may be able to recover compensation for medical expenses, therapy costs, lost income, emotional distress, post-traumatic stress disorder, pain and suffering.
- Lawsuits can move forward without abusers being criminally convicted.
Table of Contents
- Can Survivors File Lawsuits for Childhood Sexual Abuse That Happened Years Ago?
- Can Adults Sue for Childhood Sexual Abuse?
- Who Can File a Childhood Sexual Abuse Lawsuit?
- Who Else Can Be Held Liable Besides the Abuser?
- Can I Sue for Childhood Sexual Abuse if the Person Who Abused Me Has Died?
- What Is the Deadline to File a Childhood Sexual Abuse Lawsuit in California?
- Do I Need to Report the Abuse to Police Before Suing?
- What Is the Difference Between a Civil and a Criminal Sexual Abuse Case?
- Will My Identity Be Made Public If I File a Lawsuit?
- Why Is It Important to Not Delay Filing a Sexual Abuse Lawsuit?
- Contact a Sexual Abuse Lawyer Today
Can Survivors File Lawsuits for Childhood Sexual Abuse That Happened Years Ago?
Yes. California law permits civil lawsuits to be filed against abusers, even when the abuse occurred years ago.
These lawsuits are separate from criminal sexual assault cases and carry their own burden of proof.
Criminal convictions, charges or arrests are not required to file civil claims.
These claims are based on California Code of Civil Procedure Section 340.1.
Can Adults Sue for Childhood Sexual Abuse?
Yes. Adults can file lawsuits in California over sexual abuse which occurred when they were children.
Who Can File a Childhood Sexual Abuse Lawsuit?
Those who can take legal action over childhood sexual abuse include:
- Those who were under the age of 18 when the sexual abuse happened
- Survivors abused by family members, coaches, clergy members, teachers or caregivers
- Survivors abused within institutions like schools, churches or youth programs
- Adult victims who only recently discovered their abuse caused psychological injury
Child victims already know over 90 percent of their abusers.
Survivors of sexual conduct which happened as an adult may still qualify to file a lawsuit with the help of our experienced sexual abuse lawyers.
Who Else Can Be Held Liable Besides the Abuser?
Institutions like schools or churches can be found liable when their negligence leads to abuse.
Examples of parties who can be held liable include:
- Schools or school districts that fail to supervise staff or students
- Churches or religious organizations that conceal known misconduct
- Youth programs, camps or sports organizations that screen participants inadequately
- Employers who allow abusers to have unsupervised contact with children
Institutional liability can involve:
- Negligent retention
- Negligent hiring
- Negligent supervision
- Failure to implement policies for child safety
- Failing to investigate complaints
- Failing to act upon warning signs
- The concealing of past reports
- Access or authority provided by an institution making abuse possible
Can I Sue for Childhood Sexual Abuse if the Person Who Abused Me Has Died?
Yes. Claims can often proceed against abusers’ estates.
Survivors may also have claims against living institutions connected to abuse.
Consult with an attorney to evaluate what parties may be sued in civil cases.
What Is the Deadline to File a Childhood Sexual Abuse Lawsuit in California?
Sexual abuse victims can file child sex abuse cases in California under California’s statute of limitations for sexual abuse cases.
Survivors have no time limit to file a childhood sexual abuse claim in California if the abuse occurred on or after January 1, 2024.
Survivors of abuse which occurred prior to January 1, 2024 have until age 40 or within five years of discovering psychological harm caused by sexual abuse, whichever comes later, to file a child abuse lawsuit.
This means that survivors can file a lawsuit even if the abuse occurred decades ago.
Do I Need to Report the Abuse to Police Before Suing?
No. Police reports are not required to file civil lawsuits.
Civil and criminal cases are separate legal processes. They have different standards of proof.
Police reports and criminal cases, however, can support civil claims as evidence.
What Is the Difference Between a Civil and a Criminal Sexual Abuse Case?
Criminal cases are pursued by the government. They focus on punishment.
Civil cases allow survivors and their families to pursue compensation and justice from abusers as well as institutions who failed to protect children through things like negligent supervision and covering up abuse.
Civil claims can be filed without criminal charges being filed or convictions occurring. This is important since many survivors don’t immediately disclose abuse. In addition, institutions often deny warning signs until the beginning of civil discovery.
Civil discovery may uncover evidence which families wouldn’t see otherwise, such as internal emails, prior complaints, policy failures, disciplinary records, staffing issues and other proof that institutions concealed misconduct or ignored risks.
Will My Identity Be Made Public If I File a Lawsuit?
Survivors can often file lawsuits anonymously to protect their identity.
Courts allow survivors to remain anonymous because they recognize the sensitivity of these cases.
An attorney can request confidentiality safeguards when they file your lawsuit.
Why Is It Important to Not Delay Filing a Sexual Abuse Lawsuit?
It is vital to understand time limits regarding the filing of civil lawsuits if you are an abuse survivor. Delaying can hurt or even destroy your sexual abuse case for numerous reasons:
- Strict deadlines: Strict deadlines exist for bringing lawsuits under statute of limitations law. You can lose your right to file a lawsuit and your right to recover justice and compensation if your lawsuit isn’t filed in time, even if your case is “perfect.”
- Delaying hurts your case: Memories can fade over time. Physical evidence may be damaged or lost. Contacting a lawyer today gives them as much time as possible to collect as well as preserve the evidence needed to establish liability in your case.
- Counseling: Survivors who delay are likely not getting all of the counseling they need. Our lawyers work with psychiatrists, psychologists, counselors and government agencies who help survivors recover from their abuse.
- Quick justice: Your abuser and everybody who helped them need to be held accountable immediately. Acting quickly helps to prevent others from being abused.
Our sexual abuse attorneys are ready to help you recover the justice you deserve. Don’t hesitate to seek help immediately.
Contact a Sexual Abuse Lawyer Today
Call our experienced, compassionate, empathetic, sexual abuse lawyers today for a FREE and confidential consultation at (800) 718-4658 or contact us if you or a loved one was sexually abused as a child.
We have been representing abuse survivors since 1990 and will charge you no legal fee until we win your case, as our only attorney fees are a percentage of the compensation we recover for you.
We believe that abusers should be held accountable for their conduct, no matter how long ago the abuse occurred. Our compassionate sexual abuse attorneys will fight to recover the justice and financial compensation you deserve.
Call us today.
