Is There a Statute of Limitations on Sexual Assault?

Yes, but it’s complicated and largely depends on the type of proceeding (criminal or civil court) and the age of the victim at the time of the assault (under or over eighteen). Many states don’t limit sexual assault prosecutions. But in California criminal court, if the victim was under eighteen at the time of the sexual assault, and the crime was a felony, the state must file charges before the victim turns 40. If the victim was over eighteen, the criminal statute of limitations is ten years. 

The civil court sexyual assault statute of limitations is similar. But in light of the #MeToo movement and the revelation of long-term childhood sexual assaults in organizations like the Roman Catholic Church and the Boy Scouts, California lawmakers have tweaked the statute of limitations in some cases. More on that below.

Individuals are legally responsible for sexual assaults and other offenses in criminal court. In most cases, the “society was to blame” defense, or a similar defense, doesn’t hold up in court. However, criminal sexual assault cases don’t fully compensate the victims of these offenses. A California Sexual Assault Defense Lawyer must file a civil claim to obtain compensation for economic losses, such as medical bills, and non-economic losses, such as pain and suffering. Additional punitive damages may also be available in some cases.

Civil Defendants in Sexual Assault Claims

The individual who committed the offense, the organization that employed that individual, and/or the owner of the property where the assault took place could be legally responsible for damages.

Assault of any kind, whether sexual or otherwise, is considered an intentional tort. If a lawyer establishes the basic elements of an intentional tort by a preponderance of the evidence (i.e., more likely than not), the defendant must pay appropriate compensation.

However, such an action is often a Pyrrhic victory, which is generally defined as “a victory that is not worth winning because so much is lost to achieve it.” Although the victim must go through the lawsuit process which is expensive financially and emotionally, most individuals are effectively judgment-proof.

So, a Los Angeles personal attorney lawyer often files a third-party action against a possibly responsible entity to obtain compensation, such as:

• Employer: Negligent hiring is basically hiring an incompetent person to do a job. Individuals with prior assault convictions shouldn’t work with people. Negligent supervision, a far more common claim in these situations, is a failure to properly monitor employees or a failure to take proper corrective action when misconduct is established.
• Property Owner:  In California, property owners have a duty to provide safe and secure environments. The precise duty to provide adequate security depends on several factors, such as the relationship between the victim and owner and the owner’s knowledge of the hazard. Negligent security hazards include broken cameras, burned-out lights, and broken gates.

Set designers create environments in which actors can act. Negligent employers and property owners create unsafe environments in which bad people can do bad things.

Statute of Limitations on Sexual Assault in Civil Court

If the victim was under eighteen at the time of the sexual assault, a Los Angeles personal injury lawyer must normally file a legal action before the victim turns 40. However, AB 2777 opened a three-year lookback period for childhood sexual assaults committed before January 1, 2009. Victims in this category can file civil claims between January 1, 2023, and December 31, 2026, regardless of their age.

If the victim was over eighteen, the civil statute of limitations is typically ten years, in most cases, and in accordance with standard legal procedures. 

Bypassing the SOL

The delayed discovery rule could apply in civil cases. The discovery rule acts like a reset button on the statute of limitations (SOL) countdown clock.

This rule has a few twists in California. Minor victims must file civil actions five years of the date they discovered the “psychological injury or illness occurring after the age of majority was caused by the sexual assault.”

Assume Frank was sexually assaulted by a camp counselor in 2010. For the next twenty years, he’s in and out of therapy, dealing with issues like PTSD, inability to commit to a relationship, body issues, and other classic sexual assault damages. But he doesn’t put the pieces together until 2030. 

If Frank was under eighteen at the time of the assault, he has until 2035 to file a legal action. He has until 2040 to act if he was over eighteen at the time.

Contact Our Personal Injury Lawyers For A Free Consultation!

The statute of limitations on sexual assault varies in California. For a free consultation with an experienced Personal Injury Attorney in California, contact the Law Offices of Eslamboly Hakim. We do not charge upfront legal fees in these matters.