New California Law Reopens Statute of Limitations for Sexual Assault Lawsuits with Exceptions for Public Entities
SEXUAL ASSAULT LAWYERS
New California Law Reopens Statute of Limitations for Sexual Assault Lawsuits
California is one of the states with the longest filing deadlines for survivors of sexual abuse. Recently, however, a new law has reopened the statute of limitations for sexual assault lawsuits with some exemptions. Based on this new law, survivors who may have been previously barred from filing a claim may now have the right to file a claim.
Without a doubt, new laws often create confusion, especially laws that affect filing deadlines. Below, we will review the new law and how sexual abuse deadlines may be affected.
Downtown L.A. Law Group Can Help You: our lawyers have decades of experience fighting for the rights of survivors of sexual abuse. Our team is fully committed to fighting for your rights and helping you get justice, as well as the recovery that you are owed. If you are ready to discuss your legal options with our experienced lawyers, please do not hesitate to contact our law firm at your earliest convenience.
California Assembly Bill 250 will be effective January 1, 2026. The purpose of the law is to reopen or revive the ability for survivors of adult sexual abuse to file lawsuits that would have otherwise been barred by an expired statute of limitations. The main limitation of this new law is that it does not apply to public entities, including schools, cities, counties, etc.
The revival window:
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The law creates a two-year revival window starting January 1, 2026 and ending December 31, 2027
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Survivors of sexual abuse in adulthood can file claims even if their original deadlines have already expired
Who can sue:
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The law applies to adult survivors of sexual abuse (the abuse must have occurred on or after the victim’s 18th birthday)
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The claim being pursued must involve sexual assault
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The claim must involve in cover-up of the sexual abuse (a cover-up is defined as an intentional act or omission to conceal evidence relating to the sexual assault, such as hiding reports, destroying reports, intimidating witnesses, etc.)
Public entities are exempt:
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The law excludes any public entities or government entities from the revival window (survivors cannot sue schools, police departments, etc. for previously expired claims)
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The exemption remains consistent with existing government immunity provisions
It is important to highlight that AB 250 does not change the deadlines that apply to any new claims; it only reopens expired time limits. New victims of sexual abuse will still be subject to a 10-year deadline (from the date of the assault) or a 3-year discovery period, whichever is later, to pursue a lawsuit. To ensure that you have thorough understanding of the deadline that applies to your sexual abuse claim, please do not hesitate to reach out to our firm as soon as possible. Our team will guide you every step of the way.
According to the article from Musick, Peeler & Garrett LLP, the new law (California Assembly Bill 250) establishes:
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A new two-year revival window running from January 1, 2026 to December 31, 2027 during which adult survivors of sexual assault may file lawsuits that were otherwise time-barred if the defendant entity “covered up” the assault. (Musick Peeler)
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This revival window does not apply to public entities (state, counties, cities, public agencies, etc.). (Musick Peeler)
If you like, I can check exactly how this interacts with prior statutes (e.g. California Code of Civil Procedure § 340.16) and how it affects new vs. old claims.
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