California Code of Civil Procedure § 340.16

Under California Code of Civil Procedure § 340.16, an adult survivor of sexual assault generally has the later of 10 years from the assault, or 3 years from discovering that an injury resulted from it, to file a civil lawsuit. No criminal charges or conviction are required.

Reviewed against the current statutory text at leginfo.legislature.ca.gov. This page is legal information, not legal advice.

Exact Statute Text

Read the full, current section at the official source: Cal. Code Civ. Proc. § 340.16 (leginfo).

In Plain English

• Deadline: the later of 10 years from the assault or 3 years from discovering the resulting injury.
• No criminal case required: you can sue even if charges were never filed, were dropped, or ended in acquittal.
• Institutions included: claims are allowed against parties other than the person who committed the assault.
• Adults only: applies to assaults on or after the plaintiff’s 18th birthday — childhood claims fall under § 340.1.

Note: California has also enacted limited, time-restricted revival windows for certain previously time-barred adult claims. Those windows are strict and fact-specific — confirm any current revival deadline with counsel before relying on it.

Key Terms Defined

Sexual assault

Defined by reference to Penal Code §§ 243.4, 261, 264.1, 286, 287, 289 (and former 262, 288a).

Discovery rule

The 3-year clock can run from when the survivor discovers, or reasonably should have discovered, that an injury resulted from the assault.

Statute of limitations

The legal deadline to file; § 340.16 sets the later of the 10-year or 3-year-from-discovery periods.

Purpose & Context

California lengthened the adult sexual-assault deadline (from the general 2-year injury limit) to reflect that survivors often need years to recognize and act on the harm. The discovery rule and the “no conviction required” provision keep the civil path open independent of the criminal system.

Real-World Example

A 30-year-old is sexually assaulted by a business associate. Criminal charges are never filed. Because § 340.16 gives the later of 10 years from the assault or 3 years from discovering the resulting injury, the survivor can still bring a civil claim — against the individual and, where applicable, a negligent institution — without any criminal case.

CCP § 340.16 at a glance

Related California Statutes

• CCP § 340.1 — childhood sexual abuse (no time limit)
• Civil Code § 52.4 — gender violence
• Civil Code § 1708.5 — sexual battery

Why 340.16 Matters

For survivors & plaintiffs

Even without a criminal case, an adult survivor has a real, multi-year window to seek compensation. The discovery rule can extend that window when the harm surfaces later. See our California sexual abuse lawyer page.

For defendants & institutions

Individuals and institutions face civil exposure for up to a decade (or longer via discovery), independent of any criminal outcome — making evidence preservation important.

Frequently Asked Questions

How long do I have to sue for adult sexual assault in California?

Under CCP § 340.16, the later of 10 years from the assault or 3 years from when you discovered an injury resulted from it.

Do I need criminal charges or a conviction to sue?

No. Subdivision (b)(2) states a criminal prosecution is not necessary, and it does not need to have resulted in a conviction.

What is the discovery rule?

It lets the 3-year period run from when you discover, or reasonably should have discovered, that an injury or illness was caused by the assault.

Can I sue an institution, not just the attacker?

Yes — subdivision (b)(2) preserves claims against persons or entities other than the person who committed the assault.