For many survivors of sexual abuse, the decision to come forward is deeply personal and often takes time. In California, however, laws set strict deadlines for filing criminal charges or civil lawsuits. Missing these deadlines can mean losing your legal right to seek justice, no matter how strong your case may be.
At Andreozzi + Foote, our team has decades of experience guiding victims and their families through the complexities of California’s statute of limitations for sexual assault cases. Our trauma-informed attorneys provide clear, compassionate legal advice so you can understand your options, protect your rights, and take action when you’re ready.
Understanding the Statute of Limitations for Sexual Abuse in California
The statute of limitations sets the legal time limits for filing sexual sexual abuse cases in California. These deadlines are designed to ensure evidence is preserved and cases are brought while witness memories remain fresh. However, California has extended the time survivors have to take legal action, especially in childhood sexual abuse cases. If you are unsure how these laws apply to your situation, a knowledgeable California Sexual Abuse Lawyer can explain your options and help you act before time runs out.
Civil Statute of Limitations for Sexual Abuse Claims in California
Survivors can file a civil lawsuit to seek compensation and hold responsible parties accountable. Civil claims can recover damages for medical expenses, therapy costs, pain and suffering, lost wages, and other losses caused by the abuse. California’s deadlines for civil claims vary depending on when the abuse occurred and the age of the survivor.
Statute of Limitations for Adult Sexual Abuse Claims
For incidents of adult sexual abuse that occurred on or after January 1, 2019, victims have 10 years from the date of the assault or three years from the date they discovered injuries related to the assault to file a lawsuit.
Statute of Limitations for Childhood Sexual Abuse Claims
For childhood sexual abuse claims that took place on or after January 1, 2024, Assembly Bill 452 eliminated the statute of limitations, allowing survivors to file a civil claim at any time. This change reflects California’s commitment to removing barriers to justice for survivors.
For childhood sexual abuse that occurred before January 1, 2024, victims must file their claim before their 40th birthday or within five years of discovering the abuse caused psychological harm. If a claim is filed after the victim’s 40th birthday, California law requires a certificate of merit signed by a licensed mental health professional.
Criminal Statute of Limitations for Sexual Abuse in California
California law treats felony sexual abuse and rape differently depending on when the crime occurred and the age of the victim. There is no deadline for charges over felony sex crimes for which the filing deadline had not passed before January 2017. Prosecutors can file charges over such crimes at any point. However, there are deadlines for lesser offenses. For offenses involving minor victims that occurred before January 2015, charges can be filed until the victim’s 40th birthday. The deadline for filing charges over cases involving adult victims depends on the offense.
Common criminal offenses include the following:
- Felony Sexual Assault: Forced or non-consensual sexual conduct, carrying severe penalties
- Sexual Battery: Unwanted sexual touching, charged as a misdemeanor or felony depending on the circumstances
- Child Sexual Abuse Offenses: Lewd acts, continuous abuse, or exploitation involving minors, with extended filing deadlines
- Sexual Exploitation of Minors: Creation, possession, or distribution of child sexual abuse material
- Human Trafficking for Sexual Purposes: Recruiting or exploiting individuals for commercial sex, especially minors.
Criminal charges are brought by the government and focus on punishing the offender, while survivors can also pursue civil claims to seek compensation and hold institutions accountable.
Exceptions That Can Extend the Deadline for Filing Sexual Abuse Claims in California
In some cases, California law allows survivors to file sexual abuse claims after the usual deadline. Exceptions include:
- Newly discovered evidence
- Delayed discovery of harm
- Ongoing or continuous abuse
- Changes in the law
Because the exceptions are complex and time-sensitive, representation by a skilled attorney is essential. A knowledgeable California sexual abuse lawyer from Andreozzi + Foote can assess whether an exception applies to your case, gather supporting evidence, and take swift action to ensure your rights are preserved.
How a Sexual Abuse Lawyer Helps Protect Your Right to File
A skilled sexual abuse attorney can guide you through California’s complex filing deadlines, determine if you still have time to take legal action, and identify any exceptions that might apply. A trauma-informed lawyer will listen with compassion, review your case details, and explain your options clearly so you can make informed decisions without feeling rushed or overwhelmed.
A California sexual abuse attorney will also handle every step of the process by gathering important records, interviewing witnesses, tracking deadlines, building civil claim strategies that hold institutions accountable, and providing valuable resources for survivors. With Andreozzi + Foote’s practice areas focusing exclusively on sexual abuse claims, our team ensures survivors and families have both the legal and emotional support needed to move forward with confidence.
Get the Justice and Compensation You Deserve with Andreozzi + Foote
If you are a survivor of sexual abuse, you do not have to face this process alone. Our team at Andreozzi + Foote has decades of experience handling sexual abuse claims in California, guiding survivors through every step of filing a claim with compassion, professionalism, and a relentless pursuit of justice.
We know how to navigate complex deadlines, uncover evidence, and hold institutions accountable for the harm they allowed. Your voice matters, and we are ready to stand beside you and fight for the compensation you deserve.
Call 866-311-8640 or contact us online for a free, confidential consultation.