If you were sexually abused as a child, the trauma you experienced and continue to feel is likely irreversible. Sometimes, that trauma doesn’t present or surface until you’re an adult. The effects of childhood sexual abuse can impact a person’s job performance, diminish quality of life, negatively affect relationships, and bring about suicidal ideation.
The attorneys at Case Barnett Law understand that it’s often very difficult for victims to talk about their sexual abuse. In fact, only about 40% of child abuse victims disclose the fact that they were abused. Some never report the abuse at all. Failure to speak about the abuse is common, and the abuser hopes that the victim will remain silent.
While we know that filing a civil lawsuit against an abuser can never repair the damage a sexual abuse victim has suffered, we also know that a lawsuit can empower the victim and may bring closure when the survivor is able to confront the abuser and obtain compensation toward healing. Even though the abuse may have taken place years earlier, it’s still possible to file a civil claim until your 40th birthday or within five years of discovering the psychological injury. Here, we discuss your rights if you were sexually abused as a child and answer questions you may have about the extended statute of limitations for sexual abuse claims.
How Does California Define Sexual Abuse?
California Code, Welfare and Institutions Code - WIC § 300, Penal Code § 11165.1 defines sexual abuse as sexual assault or sexual exploitation.
- 'Sexual assault' includes rape, incest, sodomy, lewd or lascivious acts upon a child, or child molestation.
- 'Sexual exploitation' refers to a variety of acts, including depicting a minor engaged in obscene acts and employing a minor to perform obscene acts.
What Are the Legal Deadlines for Sexual Abuse Cases?
On January 1, 2023, California’s Sexual Abuse and Cover-Up Accountability Act (The Act) went into effect, extending the statute of limitations for filing sexual abuse claims. Under this Act, a sexual abuse survivor can now file civil claims until their 40th birthday or within five years of discovering the psychological injury, whichever is later.
Additionally, AB-218 created a “lookback window” for survivors to file civil claims related to sexual assault that occurred between January 1, 2009, and January 1, 2019. Under the lookback window, survivors who experienced assault within this time frame have until December 31, 2026 to file their claims.
How Do I Take Legal Action Against My Abuser?
The most important first step to file a sexual abuse civil lawsuit is to obtain legal representation. The attorneys at Case Barnett Law are an experienced team who have handled many sexual abuse lawsuits, and if we choose to take your case, you can generally expect that we’ll proceed in the following way:
- After an initial consultation, we’ll gather critical evidence. This can include medical records, witness statements, and other documentation that can provide us with evidence of injury and liability.
- Once we fully prepare a formal complaint, we’ll file it in civil court. This complaint will give details of the allegations against the abuser and any other responsible party.
- We’ll wait for a response from the defendant. Once the abuser is aware of the complaint, they’re given the opportunity to respond and typically challenge your statements.
- During the next phase, known as the discovery phase, both parties exchange evidence and critical information through document requests, interrogatories, and depositions.
- It’s often the case that both parties will attempt to reach a settlement agreement rather than go to court. This step can happen at any stage in the negotiations, but it’s most common after the discovery phase.
- If no settlement is reached, both sides will prepare for trial. This can involve identifying witnesses, preparing legal arguments, and prioritizing evidence.
- At trial, the case is presented before a judge or jury. They will hear evidence and testimony from both sides and then give a verdict.
What If a Third Party Was Responsible for the Sexual Abuse?
It’s possible to bring a civil lawsuit against an additional party that had some degree of responsibility for the abuse. For example, if the abuse occurred at a business, an organization, a church, or a school, the institution could also be liable for the harm you suffered.
If, for instance, you were sexually abused in a bathroom of the retail store where you work after complaining that the lock on the door was broken, it’s possible that many employees complained about that broken lock. If management ignored these complaints and did not fix the door, the business could be found liable if a store shopper or another employee sexually abused you in that bathroom. The experienced attorneys at Case Barnett Law can help you determine if a third party was liable for what happened to you.