What You Need to Know About the Childhood Sexual Assault Statute of Limitations in California
It is important to understand the statute of limitations on childhood sexual assault to ensure that survivors can receive the closure and justice they deserve. Here’s what you need to know about the childhood sexual assault statute of limitations in California.
Victims of childhood sexual assault have until their 40th birthday to file a civil action, or within five years of their discovery of the assault. As of a new law Governor Gavin Newsom signed in early 2020, childhood sexual assault survivors now also have a three-year window to file sexual assault claims that no longer meet the other limitations. In addition, prior to the passage of this new law, victims only had until their 26th birthday to file a civil action.
What is a Statute of Limitations?
Also known as a prescriptive period, a statute of limitations is a maximum time period after an event in which legal proceedings can be initiated. This time period is set by a legislative body. Depending on the event, which could be either civil or criminal, this time period could vary.
However, despite the existence of a statute of limitations in a case, it is still encouraged that victims file their cases as soon as possible. In general, the sooner that a survivor brings their case to court, the more elements of the case (such as witnesses or evidence) are available, and the more likely it will be that the case will be successful.
Related: How to Sue for Past Sexual Abuse in California
What Constitutes Sexual Assault and is Eligible for a Case?
Sexual assault can take on many shapes and forms. However, some examples of sexual assault include the following:
- Exhibitionism or exposing oneself
- Fondling
- Inappropriate phone calls or text messages
- Masturbating in the victim’s presence or forcing the victim to masturbate
- Producing or owning child pornography
- Sexual intercourse
Laws are defined in the California Penal Code in Sections 261.5, 287-288, and 647.6.
Related: Difference Between Sexual Assault, Sexual Abuse, and Rape in California
FAQs about the Childhood Sexual Assault Statute of Limitations in California
What if I miss my opportunity to file my case?
Under the new law Gov. Newsom signed in early 2020, all childhood sexual assault survivors now, in addition to the statute of limitations, also have a three-year window to file sexual assault claims. However, if you are willing and ready, you are encouraged to file it as soon as possible in order to best increase your chances of a successful case and getting reparations.
What is the point of a statute of limitations?
The main reason behind the concept of a statute of limitations is to ensure that cases are evaluated based on evidence and witnesses that are still relevant and available. This is why it is encouraged that people file their cases as soon as possible, even if they have a long period to do so, because the evidence and witnesses will be the most useful if the case is more recent.
What are the penalties of childhood sexual assault?
Violation of laws related to childhood sexual assault – defined in the California Penal Code – can result in misdemeanor or felony charges depending on the action.
At what age is one considered a minor or a child in the law?
Ages are defined differently in different statutes related to different actions, but generally, a “minor” or “child” refers to an individual who was under the age of 18 at the time of the assault. See the California Penal Code or speak with a lawyer for the most specialized information.
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