
Recent changes to the childhood sexual assault statute of limitations in California give many survivors more time to come forward.
If many years have passed since the initial incident occurred, and you’re wondering what your rights are, you are not alone. It is estimated that between 55% and 70% of those who experience sexual abuse as a child delay disclosure until adulthood.
California has changed its laws so that survivors have more options than they did in the past for reporting the abuse. Learn how deadlines work in California child sexual assault cases, how reporting fits into the picture, and what can still be possible for you even if the abuse happened long ago or you don’t remember every detail.
Contact us today to share what happened to you.
How Reporting Deadlines Work in California Child Sexual Assault Cases
Every state sets rules for when someone can file a civil lawsuit and when prosecutors can bring criminal charges. Each state also defines how reporting a crime fits into that process. The child sexual abuse statute of limitations in California works differently in civil and criminal cases. The specific deadlines in each type of case shape what options are available to you.
Civil Deadlines: Your Right to File a Lawsuit
A civil case allows a survivor to file a lawsuit against an individual or an institution for harm caused by the abuse. Civil deadlines give survivors time to:
- seek financial damages for the impact of the abuse
- hold an abuser or a responsible organization accountable
- pursue justice even in the absence of a criminal case
Civil timelines are often more flexible than criminal ones. You may still have the right to file a civil claim long after criminal deadlines have ended. California’s laws recognize that many survivors disclose abuse later in life, and civil statutes of limitations reflect that reality.
Criminal Deadlines: When the State Can File Charges
A criminal case follows a different process. Instead of the survivor filing a lawsuit, the state decides whether to bring charges against the abuser. These deadlines focus on when prosecutors can act. If the criminal deadline passes, prosecutors may no longer be able to file charges.
For more information, the article “Can You Sue Someone With Molestation Years Later in California?” explains criminal charges in more detail and outlines when the state can still take action.
If you’re unsure how these deadlines apply to your situation, reach out to our team for a confidential conversation about your options.
Deadlines for Childhood Sexual Abuse That Happened Before 2024
California’s child sexual abuse statute of limitations for older cases gives many survivors time to file a civil lawsuit, even when the abuse happened years or decades ago. Before January 1, 2024, California used two main rules to determine how long a survivor had to file a civil claim. These rules still apply to cases involving abuse that occurred before that date.
Age-40 Rule
For many years, California allowed survivors to file a civil lawsuit any time before their 40th birthday. This timeline applies to abuse that happened before 2024 and remains an important protection for adult survivors who have not yet come forward.
5-Year Delayed Discovery Rule
Survivors often need time to connect the impact of the abuse to the abuse itself. Under the delayed discovery rule in California, a survivor may file a civil case within five years of discovering that their psychological injury was caused by the abuse, even if they are over 40.
This rule helps protect people who realize the full impact later in adulthood. Many reach that understanding through therapy, major life events, or a new awareness of trauma.
Reach out by phone at 619-516-8166 or contact us online to share more about what happened to you. We are here to help.
Deadlines for Abuse that Happened after January 1, 2024
Beginning January 1, 2024, California made a significant change in the child sexual abuse statute of limitations. For abuse that occurred on or after January 1, 2024, survivors no longer face a civil filing deadline. This change reflects a deeper understanding of how childhood trauma unfolds and gives survivors space to come forward when they are ready. The law does not limit how much time can pass before taking legal action, regardless of the survivor’s age when the abuse occurred. This applies to claims against both individuals and institutions.
For the full story on how the state removed the statute of limitations for these cases, read our update here.
What If You Don’t Remember the Exact Dates of the Abuse?
Many survivors believe that they need exact dates in order to understand their legal options. Memory gaps are a common response to adverse experiences, and they happen for many reasons. The brain works to protect us from the impact of trauma by storing experiences in fragments rather than as clear, linear events. These gaps do not reflect the truth of what happened or the strength of your voice. They are simply part of how trauma works.
You don’t need exact dates or even a full timeline to ask about your rights or to understand how the child sexual abuse statute of limitations in California applies to your experience.
A confidential conversation with an attorney will help you see where your story fits within the law and what options are open to you.
Get Started with a California Child Sexual Assault Lawyer
When you contact an attorney, the first step is to understand where your experience fits within the law. During a confidential intake, the legal team walks through your story at your pace and begins to map out the timeline.
Together with your attorney, you will:
- explore what you remember, even if the details feel incomplete
- determine whether your case falls under pre-2024 rules or the new no-deadline law
- identify individuals, schools, employers, or other institutions that may be responsible
This process is supportive, structured, and designed to feel like a guided conversation. Reach out even if you’re unsure about the timeline or worry that too much time has passed. Many people we talk to discover they still have a strong case.
Reach out so we can talk through your options and help you choose the next step that feels right for you.
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