California Statute of Limitations on Sexual Assault

Trigger warning: sexual assault, sexual abuse as a child

The state of California maintains varying statutes of limitations for sexual assault cases. Here’s what you need to know about California’s statute of limitations on sexual assault.

Passed in 2018, Assembly Bill 1619 (AB 1619) extends the statute of limitations for sexual assault cases from 2 years to 10 years. By extending the statute of limitations, more sexual assault survivors are able to come forward and file an appropriate civil action against their abusers.

AB 1619 and AB 1510

Prior to AB 1619, the statute of limitations for a civil action related to sexual assault was two years. In a like manner, a civil action for domestic violence has a statute of limitations of three years from the last date of domestic violence.

In the case of an adult (individual over 18), the time for commencement of the action shall be either of the following:

Within 10 years from the date of the last act, attempted, act, or assault by the defendant against the plaintiff
Within 3 years from the date the plaintiff discovers an injury or illness that resulted from the act, attempted act, or assault by the defendant against the plaintiff

The extension of the statute of limitations in regards to a survivor learning of a personal illness or injury stemming from the sexual assault is especially important as many psychological effects may appear years after an incident of sexual assault. Additionally, survivors of sexual assault may face great difficulty in reporting incidences for a variety of personal reasons. All things considered, AB 1619 is an important step for civil action.

However, it is important to note that AB 1619 only applied to claims brought on or after January 1, 2019. This led to the rise of Assembly Bill 1510 (AB 1510) which went into effect in 2019. AB 1510 amends the scope of AB 1619 in order to make way for possibly time-barred civil claims. This includes claims:

For damages of more than $250,000
Arising out of a sexual assault or another inappropriate contact, communication, or activity of a sexual nature by a physician occurring at a student health center between January 1, 1988, and January 1, 2017
Would otherwise have been time-barred prior to January 1, 2020

Childhood Survivors of Sexual Assault

The case is different for cases of childhood sexual assault. Childhood survivors of sexual assault may file a civil lawsuit until their 40th birthday. Assembly Bill 218 (AB 218) also allows for a three-year window to revive any claims that may have been barred due to the statute of limitations. Additionally, if a plaintiff is able to prove that their childhood sexual assault was covered up, he or she may able to recover up to three times the amount of damages.

FAQs About California Statute of Limitations on Sexual Assault

What if I am filing a sexual assault claim against a government entity?

If a sexual assault survivor is filing a civil lawsuit for sexual assault against a public or government entity, then the statute of limitations may be as short as six months from the incident. This applies to both adults and children bringing forth a lawsuit.

If I was sexually assaulted many years ago, can I still bring a civil lawsuit for damages in California?

The plaintiff should consider Assembly Bills 218, 1510, and 1619, alongside the facts of the case. There may be varying statutes of limitations when the case involves public school teachers or other government employees. It is crucial to file a civil claim within the statute of limitations in order to avoid being barred from recovering damages that the survivor is rightfully owed.

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