Sexual assault is a deeply traumatic experience that can have long-lasting effects on victims. In California, there are specific timeframes in which survivors must take legal action, known as the statute of limitations. They define how long individuals have to file criminal or civil claims following an assault.
At Compass Law Group, LLP, we want to make sure you’re prepared for whatever the legal system throws your way. We’ll walk you through the key aspects of the statute of limitations for sexual assault in California, including the time limits for both criminal and civil cases, the differences between them, and how recent changes in the law impact survivors.
What is Considered Sexual Assault in California?
Sexual assault refers to a range of unlawful sexual acts committed without consent. In California, the law is clear in defining what constitutes sexual assault, which can include any non-consensual physical contact.
Legally, sexual assault is classified by these four characteristics:
- Malicious Intent: The perpetrator has a motivation to commit the act, such as humiliation, intimidation, or their own sexual satisfaction.
- Physical Touching: There is physical contact between the victim and the perpetrator.
- Intimate Contact: There is physical contact of intimate areas, such as the buttocks or groin.
- Lack of Consent: The victim did not agree to the contact in any way.
Understanding the specifics of sexual assault laws in California can be complex, but victims need to be aware of their rights and options for legal recourse.
Understanding Statutes of Limitations: Criminal vs. Civil Claims
The statute of limitations is the time period during which a person can bring legal action for an offense. In the case of sexual assault, California law distinguishes between criminal and civil claims. Both types of claims have different timelines, so it’s crucial to understand how each one works.
Criminal Statute of Limitations for Sexual Assault in California
In criminal cases, the state prosecutes the accused on behalf of the victim. The value of your case and the criminal statute of limitations for sexual assault in California vary depending on the severity of the crime.
Key Timelines for Criminal Sexual Assault in California
- 10 Years: For most felony sexual assault cases, survivors have 10 years from the date of the assault to report the crime.
- 20 Years: In some situations, the California statute of limitations for sexual assault may be extended to 20 years for certain crimes, such as sexual assault involving specific aggravating factors.
Under California Penal Code §801.1, certain crimes like child sexual assault have been exempted from the statute of limitations, allowing victims to pursue justice at any point in their lives. This change has been part of a broader push to extend the window for prosecuting sexual offenses, as legislators recognize the barriers victims face in coming forward.
Civil Statute of Limitations for Sexual Assault in California
In a civil case, the victim seeks compensation from the perpetrator, typically for damages like emotional distress or medical expenses. California law distinguishes between claims from adult victims and minor victims, with different time limits for each.
Adult Victims (18+ at Time of Assault)
Adult victims typically have 10 years from the date of the assault to file a civil lawsuit, or 3 years from the date any injuries were discovered (known as the discovery rule).
However, under California Assembly Bill (AB) 2777, the statute of limitations for adult survivors has been temporarily suspended. Victims now have until the end of 2026 to file lawsuits for crimes committed on or after January 1, 2009. This provision allows more survivors the opportunity to take legal action.
Minor Victims (Under 18 at Time of Assault)
For victims who were minors at the time of the assault, the California statute of limitations for sexual assault is much more lenient. The law allows victims until they turn 40 years old to file a civil claim. This extended period ensures that minors, who may not have the emotional or legal capacity to act immediately after the assault, have the time needed to seek justice.
However, with the California Code of Civil Procedures (CCP) Section 340.1, there is no statute of limitations for victims who were under the age of 18 at the time of the assault. This law applies to crimes committed on or after January 1, 2024.
This change is particularly significant because it gives minor victims more time to come forward without the pressure of time running out. It also accounts for the trauma and long-term emotional toll sexual assault can have, often making it difficult for survivors to seek legal recourse when they are young.
Which Law Applies
Understanding which law applies to a given case depends on the specific date of the assault. In some cases, California’s legal system allows for a look-back window, which retroactively extends the statute of limitations for sexual assault claims, particularly for older cases.
If the crime occurred years ago but the victim only recently discovered the impact or became aware of their rights, California law may allow them to pursue civil claims even though the assault happened outside the normal statute of limitations. This look-back provision can apply to both adult and minor victims.
Who Can Be Sued For Sexual Assault in California?
While criminal cases are brought by the state, civil cases allow victims to pursue damages from the perpetrator, and sometimes, from other entities involved in the assault.
Victims can typically file a claim against:
- The Perpetrator: The victim files a civil suit directly against the individual who committed the assault.
- Employers: In cases where the assault occurred at a workplace or involved an employee, the employer may be held liable under vicarious liability.
- Institutions: Schools, hospitals, and other organizations that failed to protect a victim or negligently allowed the assault to occur may also be held accountable.
- Landlords and Property Owners: In some cases, victims may sue property owners if the assault occurred on their premises and they failed to provide adequate security or safety measures.
How Compass Law Group, LLP Can Help You
Navigating the legal system can be overwhelming as-is, let alone if you’re dealing with sensitive topics such as sexual assault. At Compass Law Group, LLP, we specialize in handling these types of claims with compassion and expertise.
We understand the emotional toll these crimes can take on survivors. Whether you’re pursuing a criminal case or a civil claim, our Los Angeles sexual assault lawyers can guide you through the process, ensuring that your case is handled with the utmost care and respect.
If you or someone you know is a survivor of sexual assault in California, we offer a free consultation to discuss your legal options and how we can assist you in seeking justice. We are committed to fighting for your rights and ensuring that you receive the support you deserve during this difficult time.
Key Takeaways & Next Steps
Understanding the statute of limitations for sexual assault cases in California is essential for survivors who wish to seek justice. The timeline to file a claim varies depending on whether the case is criminal or civil, and whether the survivor was an adult or minor at the time of the assault.
Here are some key points to remember:
- Criminal Cases: Victims have up to 10 years or 20 years to file charges, depending on the severity of the crime. For certain severe felonies like child sexual assault, there may be no statute of limitations.
- Civil Cases: Adult victims typically have 10 years from the assault or 3 years from the discovery of the injury. While minors can pursue claims until they turn 40, there may be no statute of limitations for claims after January 1, 2024, due to recent legal changes under CCP 340.1.
- Revival Window: Under AB 2777, certain adult cases have extended timelines through 2026, giving survivors more time to file claims.
If you are a survivor of sexual assault in California, contact Compass Law Group, LLP today to discuss your legal options and whether you are eligible to take advantage of the extended windows provided under the new laws.
We offer a free consultation to help you understand your legal rights, the steps you need to take, and how we can assist you in navigating this difficult process. Our experienced attorneys are here to fight for your rights.
