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California Passes Bill Extending Statute of Limitations on Sexual Abuse

On October 11, 2019, California Governor Gavin Newsom signed AB-128 into law. The bill gives victims of sexual assault in California significantly more time to file lawsuits against their abusers and the institutions that harbored them.

If you or a loved one is a victim of child sex abuse and the statute of limitations on your case has passed, you may have a second chance at justice. Contact The Carrillo Law Firm today to discuss your case and find out how you may have another opportunity to seek compensation for your damages.

California’s Previous Statute of Limitations for Sex Abuse

Before AB-218 was passed, California’s statute of limitations for child sex abuse survivors was as follows:

  • Eight years after the victim turned 18 years old, or
  • Within three years of the date of discovery – that is, the date you actually discovered that the cause of your psychological injury/illness that occurred after the age of majority was caused by sexual abuse.

It is important to note that this old statute of limitations, and the new AB-218, only applies to civil claims seeking compensation for damages. In other words, California does not have a statute of limitations on pressing criminal charges against abusers.

The Impact of AB-218 on California’s Statute of Limitations on Child Sex Abuse Claims

AB-218 extends the statute of limitations for survivors of child sex abuse. Under this new bill, survivors now have 22 years from the age of majority to pursue recovery of damages. They also have five years from the date of discovery to file a civil claim against their perpetrator and the institutions that harbored them.

The bill further allows victims who were previously barred from bringing a lawsuit because they had run out of the time under the existing an additional three-year window to pursue their case. This ensures that any victims whose abuse still fall outside of the new statute of limitations an opportunity to seek recovery for damages.

Los Angeles Child Sex Abuse Attorney

If you or a loved one has been the victim of child sexual abuse, you may be entitled to monetary compensation. Although no amount of money will undo the harm caused, it can bring a sense of justice and closure for victims. For more information or to consult with an experienced LA child sex abuse attorney, please call The Carrillo Law Firm at (626) 799-9375.

https://leginfo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=201920200AB218

https://abc7.com/new-ca-law-gives-child-sex-abuse-survivors-more-time-to-file-lawsuits/5618287/

Author

MICHAEL S. CARRILLO, Partner

Michael works on high-profile cases that have garnered national media attention. His practice today focuses on child sexual abuse cases, police misconduct cases, catastrophic injuries and other wrongful death matters. He is a passionate advocate for his clients including the countless child sexual abuse victims he currently represents.