California Sex Abuse Complaint Office

In California, the statute of limitations for civil claims arising from sexual assault has undergone several changes in recent years to provide greater opportunities for survivors to seek justice. Here are the relevant deadlines for filing such claims:

1.     Adult Survivors:

• Ten Years: Under California Code of Civil Procedure Section 340.16, a civil action for recovery of damages suffered as a result of sexual assault can be filed within ten years from the date of the last act, attempted act, or assault with the intent to commit an act of sexual assault.
• Three Years from Discovery: If the injury or illness resulting from the sexual assault was discovered later, the victim has three years from the date of discovery to file a lawsuit.

2.     Minor Survivors:

• Until Age 40 or Five Years from Discovery: Under California Code of Civil Procedure Section 340.1, a victim who was under the age of 18 at the time of the assault can file a lawsuit until they turn 40 years old or within five years of the date they discovered or reasonably should have discovered that psychological injury or illness occurring after the age of 18 was caused by the sexual assault, whichever is later.

These extended deadlines reflect California’s efforts to recognize the complex nature of trauma and the time it may take for survivors to come forward. Here are the relevant code sections for reference:

• California Code of Civil Procedure Section 340.16:

An action for recovery of damages suffered as a result of sexual assault, where the assault occurred on or after the plaintiff’s 18th birthday, shall be commenced within 10 years from the date of the last act, attempted act, or assault with the intent to commit an act of sexual assault, or within three years from the date the plaintiff discovers or reasonably should have discovered that an injury or illness resulted from the sexual assault, whichever is later.

• California Code of Civil Procedure Section 340.1:

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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.

California Sex Abuse Claims

1.     Sexual Assault and Battery (CIVIL CODE §§ 1708, 1708.5)
2.     Gender Violence (CIVIL CODE § 52.4)
3.     Sexual Harassment (CIVIL CODE § 51.9)

Acting Under Color of Law

1.     Violation of Article 1, Section 17 of the Constitution of the State of California
2.     Violation of Article 1, Section 17 of the Constitution of the State of California (Entity Defendants)

Emotional Distress Claims

1.     Intentional Infliction of Emotional Distress

Negligence Claims

1.     Negligence
2.     Negligent Supervision
3.     Negligent Hiring and Retention
4.     Negligent Failure to Warn, Train, or Educate
5.     Breach of Mandatory Duty Pursuant to Government Code Section 815.6 for Violation of Penal Code Section 2635, et seq.