{"id":47870,"date":"2023-11-09T19:51:34","date_gmt":"2023-11-09T19:51:34","guid":{"rendered":"https:\/\/downtownlalaw.com\/?p=47870"},"modified":"2026-06-16T19:30:51","modified_gmt":"2026-06-16T19:30:51","slug":"if-i-am-over-40-years-old-can-i-sue-for-child-sexual-abuse-in-california","status":"publish","type":"post","link":"https:\/\/downtownlalaw.com\/es\/sexual-abuse\/if-i-am-over-40-years-old-can-i-sue-for-child-sexual-abuse-in-california\/","title":{"rendered":"Si tengo m\u00e1s de 40 a\u00f1os, \u00bfpuedo demandar por abuso sexual infantil en California?"},"content":{"rendered":"

If I am Over 40 Years Old, Can I Sue for Child Sexual Abuse in California?<\/h1>\n
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SEXUAL ABUSE LAWYERS<\/h1>\n

If 1am Over 40 Years Old,\nCan I Sue for Child Sexual Abuse\nin California?<\/h1>\n\"\"\n

Free Case Review<\/h1>\n

(<\/span>855)<\/span> 339–<\/span>8879<\/a><\/h1>\n\"\"\n

Yes, you can sue for acts of sexual abuse during childhood under the discovery rule, even if you are over 40 years old. The discovery rule is an exception that allows you to file a lawsuit even if you are past the statute of limitations under California law. This legal exemption may provide you with additional time to sue for sexual assault that occurred while you were a child, regardless of how old you are. <\/p>\n

Today, we will go over what the discovery rule is and how it can restore an adult survivor\u2019s right to sue for child sexual abuse. That way, you have a full understanding of the legal deadlines that apply to your situation as someone that was sexually abused. However, you are more than likely to have questions and concerns that will not be addressed in this article. For answers from a lawyer with experience in childhood sexual abuse lawsuits, contact our law firm and schedule a free consultation. <\/p>\nThe Discovery Rule: What Does it Mean?<\/span>\n

The discovery rule is an exception to the statute of limitations that normally applies to a criminal case or civil lawsuit. Under this rule, you can file a lawsuit within a certain amount of time after you discover an injury, whether it\u2019s a physical injury or a mental health condition. <\/p>\n

Essentially, the discovery rule allows you to file a lawsuit after the statute of limitations<\/a> has run out. That means even if you are older than 40, you may still have the opportunity to sue for monetary damages if you were abused sexually before the age of consent (18 years old). <\/p>\n

So, how much additional time are you given to file a lawsuit under the discovery rule? And what are the requirements you have to meet in order to sue an organization or individual for sexual assault if you are over 40 years old?<\/p>\n<\/div>\n

California\u2019 Discovery Rule on Child Sexual Abuse Lawsuits<\/span><\/p>\n

With claims of child sexual abuse, the deadline for a lawsuit is 22 years from the victim\u2019s 18th<\/sup> birthday, or up to 40 years of age. This 22 year period begins on the date of the incident, or from the last time the victim was abused if there were multiple incidents by the same perpetrator.<\/p>\n

While the time of recovery through a lawsuit may have ended, you can still bring a claim if you can prove that the emotional \/ physical issues you are going through now are a result of what you suffered as a child. If this realization was made within 5 years, you are still able to bring forward a case, no matter how old you are.<\/p>\n

Repressed Childhood Memories of Sexual Abuse in Adults<\/span><\/p>\n

You are probably aware that kids tend to suppress a lot of what they go through as children. This is a defense mechanism that kicks in when a child is faced with a traumatic situation. Due to their limited capacity for emotional and intellectual reasoning, they are unable to face these issues head on. Instead, they \u201crepress\u201d memories of the trauma, to the point where entire incidents, and even month or years of their life, are gone from their memory. That\u2019s why repressed memories are also known as \u201cdissociative amnesia.\u201d<\/p>\n

In many situations, you have minors who repress a lot of what they went through as a result of sexual abuse. As a result, many victims never make the connections. Many never identify the damage they sustained as a child to what they are going through now as an adult. The relationship phobias, the commitment problems, job retention, friend retention and academic failures \u2013 these can be attributed to the harm sustained from the abuse while they were a child. These victims often struggle with mental illness and substance abuse<\/a> disorders, like alcoholism and drug addiction.<\/p>\n

The passage of time heals many wounds, but this is not the case when it comes to sexual abuse. Most victims require professional help from a licensed counselor, and finally, they are able to \u201cdiscover\u201d the impact of what they went through as a child. This is where the discovery rule applies for adults who wish to file a lawsuit for being sexually abused<\/a> as a minor.<\/p>\n

Am I Eligible for a Lawsuit?<\/span><\/p>\n

Yes, you may be eligible for a child sexual abuse lawsuit under the 5-year discovery rule, regardless of your age. However, you must prove that the effects of sexual abuse as a child, i.e., physical or emotional injuries, were not discovered until you were past the age of 40. As a result, you qualify for a lawsuit within 5 years from when you discovered or should have discovered the injury.<\/p>\n

As you have probably guessed, proving the delayed discovery of child sexual assault can be quite challenging with these cases. To ensure that you can have a strong and compelling argument, please seek help from an experienced sexual abuse lawsuit attorney.<\/p>\n

The child sexual abuse lawyers of DTLA have many years of experience representing abuse victims in lawsuits against public schools, religious groups, juvenile halls, foster homes, and various other organizations. We are ready to meet with you and advise you of the available legal options during a free case evaluation.<\/p>\n

Average Case Value of a Child Sexual Assault Lawsuit<\/span><\/p>\n

Settlements on behalf of child sexual abuse victims are typically around\u00a0<\/span>1,000,000 USD to 5,000,000 USD. These payments are based on the victim\u2019s injuries, degree of emotional suffering, negligence by the defendant, and many other issues. There are certainly cases with lower settlements, but as a general rule, you can expect to see\u00a0<\/span>500,000 USD\u00a0or more as compensation for those who were subjected to child abuse.<\/span><\/p>\n

While money cannot take away your pain and suffering, it\u2019s a tangible form of justice that can help you move forward with the rest of your life. Thus, it\u2019s important to have a sense of what your lawsuit is worth, along with representation from a lawyer who can fight for the payment you deserve.<\/p><\/div>\n

Length of Time to Settle a Child Sexual Abuse Claim<\/span><\/p>\n

It can take around 1 to several years to settle a claim for sexual abuse of a child. There are many factors that affect the settlement timeline, including:<\/p>\n