Attorney for Sexual Abuse Victims in California

Sexual abuse victims are often able to report what happened to them and perhaps see justice through the criminal courts, but this often does little to actually make things right for the survivor.  If you have faced years of therapy bills, lost jobs to depression, and otherwise dealt with the trauma of your abuse, you may be entitled to a civil lawsuit against the individuals and institutions that abused you or allowed the abuse to happen.

In California, the deadline to file sexual assault and sexual abuse claims varies depending on your age at the time of the abuse and when the abuse happened, but there is typically a long deadline as well as exceptions that allow cases to be filed if you discovered the abuse later in life.  These cases are separate from any criminal cases and have different goals, primarily focusing on you as the victim/survivor.  Unlike criminal cases, these claims can often be filed against institutions as well.

For help with your case, call the attorneys for sexual abuse victims in California at The Law Office of Andrew Shubin by dialing (814) 826-3586.

Statute of Limitations on Sexual Abuse Claims in California

California, unsurprisingly, has very cutting-edge laws on sexual abuse statutes of limitations.  These rules give extended deadlines, allowing victims many years to come to terms with what happened to them and bring a lawsuit against the responsible parties.

Minors

For minors abused before they turned 18, there is no statute of limitations for new abuse cases under Cal Civ. Proc. Code § 340.1.  However, this only applies to cases that happened before the statute of limitations was removed at the start of January 2024.  Any abuse occurring before that date to a minor must be filed before the minor turns 40 under § 340.11.

Adults

Adults in most states have a deadline to file equal to the same deadline for injury and assault and battery cases even though sexual abuse often has much more complex issues involved that might make a survivor unwilling to come forward.  California counters this by giving victims 10 years to file their cases under § 340.16.

“Discovery Rule” for Sexual Abuse Cases in California

Although there are hard deadlines for older childhood sexual abuse cases and any adult sexual abuse cases, there are still rules allowing some flexibility in your filing deadline when the sexual abuse could not have been discovered sooner.  The mind often buries traumatic experiences, and memories from childhood are often hazy and confusing anyway.  Our attorneys for sexual abuse victims in California may be able to help you file your case even if the deadline has already expired based on a special “discovery rule.”

Discovery rules work in all kinds of cases to help victims who could not have discovered their injury and its cause still file after the deadline passes.  Both the childhood and adults sexual abuse statutes of limitations have exceptions for late discovery, giving extra time after your discovery, even if it would take you beyond the normal filing deadline.

For those abused before 2024 while they were under 18, the law gives 5 years from the date of discovery.  For adults, the law gives you 3 years after discovery.  If the abuse happened after January 2024, there is no need for an extension based on the discovery rule, given that there is no statute of limitations anyway.

Suing Institutions for Sexual Abuse and Cover Ups in California

Many times, institutions are partly responsible for sexual abuse because they failed to properly vet their employees, because they ignored past reports of inappropriate behavior, or because they failed to fully investigate and punish sexual abusers.  For example, a church or school might keep on a priest or teacher accused of sexual abuse after a poor investigation into claims.

In these cases, the institution might be sued for their role as the abuser’s employer, alongside the individual abuser.  This can open additional damages, given that the institution is likely better able to pay for your damages than an individual, especially someone like a priest or teacher, whose finances might not cover much.

If the institution’s actions specifically qualify as a “cover up,” then you can get treble damages from them under similar sections of both the old and the new statutes regarding sexual abuse of a minor.  This means any “concerted effort to hide evidence” can result in triple the normal damages as a penalty/punishment against the institution, school, church, etc.  This often arises when they ignore complaints about past cases, hide the results of investigations, or even move the abuser to a new community to hide them from backlash – all without telling the new community.

Sexual Abuse Cases in Civil vs. Criminal Court in California

When the police get involved, they can file criminal charges against an abuser, and the prosecution and courts can hold them responsible and punish them for what they did.  However, these punishments often focus on rehabilitation or simply punishing the abuser, not making things better for the abused.

Instead, a civil lawsuit might be the best route to help you and get your life back on track after such a traumatic experience.  Our lawyers can seek damages to pay for medical expenses and mental health bills related to your abuse, as well as other damages like lost income.  We can also seek pain and suffering damages to try to make right all of the mental and emotional distress you experienced over the years.

In addition, punitive damages are often available to punish institutions and individuals for their actions, paying those damages directly to you.  Unlike the fines and penalties in criminal law, where the money goes to the state, punitive damages in civil lawsuits go to the victim.  As noted above, a cover up can result in triple the rest of your damages, paid to you as “treble damages,” but punitive damages might be allowed in other cases, such as claims directly against reckless institutions and intentional abusers.

Call Our Lawyers for Sexual Assault and Abuse Victims in California

For a free, confidential evaluation of your potential case, call the attorneys for sexual abuse victims in California at The Law Office of Andrew Shubin at (814) 826-3586 today.