In a significant move toward justice, California recently passed a new law that eliminates the statute of limitations for individuals to file lawsuits for child sexual assault. Governor Gavin Newsom signed this groundbreaking legislation, recognizing the need to address the unfair deadline that California law currently imposes on survivors of childhood abuse. The new law won’t apply to any instances of sexual assault that occurred before the bill takes effect at the start of 2024. But moving forward, it will eliminate what advocates say is an unfair deadline California law now places on people who suffered abuse as children.
Below you’ll find more information on what a statute of limitations is, the implications of the new law, and the reasons behind its enactment.
Understanding the Statute of Limitations
A statute of limitations is a legal time limit within which a person must file a lawsuit. In the context of child sexual abuse claims, the statute of limitations sets a deadline for survivors to bring legal action against their abusers or institutions responsible for their abuse. This time limit has long been criticized as arbitrary and often leaves survivors without recourse due to trauma, delayed realization or fear of repercussions.
The Current Statute of Limitations in California
Before the new law, California’s statute of limitations for child sexual abuse lawsuits allowed survivors until the age of 40 to file claims, extending from the previous deadline of age 26. Additionally, a three-year “lookback” period starting in 2020 permitted individuals to file lawsuits, regardless of when the abuse occurred. However, these provisions were still restrictive, as survivors faced financial and emotional barriers in coming forward.
The New Law: Eliminating Unjust Barriers
Under the recently signed law, survivors of child sexual abuse in California will no longer face a statute of limitations for filing lawsuits. This groundbreaking change acknowledges the challenges survivors often encounter in coming forward, such as delayed realization, fear of not being believed, or concerns about negative consequences for speaking out. Starting from the beginning of 2024, survivors can pursue justice without being hindered by arbitrary deadlines.
Survivors of child sexual abuse often only grapple with what happened to them later in their lives, supporters of the new law say.
The Cruelty of Arbitrary Deadlines
The previous statute of limitations has rightly been labeled “cruel and arbitrary.” Research indicates that most survivors do not come forward until they are around 50 years old, emphasizing the need for a more compassionate and understanding legal framework. The amendment to the bill strikes a balance, allowing justice for future survivors while addressing concerns about the financial implications on institutions.
Attorney J. J. Dominguez of The Dominguez Firm welcomes the change, “This new law is a big step forward for survivors of child sexual abuse in California. It will give them the time they need to come forward and seek justice. If the unthinkable happens, it’s important to consult with a child sex abuse attorney. They can help you and your family find the justice and closure you deserve.”
Challenges and Opposition
Despite the undeniable progress, the new law faces opposition from groups representing school administrators and other organizations that work with children. These entities argue that increased litigation may lead to funding challenges for current students. A recent investigation into sexual assault cases in Bay Area schools revealed that the average age of individuals filing lawsuits was around 49, highlighting the importance of balancing justice with practical considerations.
California’s decision to eliminate the statute of limitations for child sexual abuse claims marks a significant step towards justice for survivors. The amended law acknowledges the challenges survivors face and strives to strike a balance between justice and practical concerns. As this legislation takes effect in 2024, it offers hope for survivors who may have been previously barred by arbitrary deadlines, signaling a brighter future for those seeking accountability and closure.