In California, whether you can still file a civil claim for sexual abuse depends on your age when it happened and when you connected your harm to it. Some survivors have more time than they realize, and recent laws have extended or removed certain deadlines. Before you assume it is too late, let us help you understand which deadline may apply. The call is free.
Call 619-516-8166 for a free, confidential consultation. Nothing moves forward unless you decide it should.
What a Statute of Limitations Is, and Why It Matters
A statute of limitations is a deadline for filing. It sets how long you have to bring a civil claim after sexual abuse or assault. If the applicable deadline passes, you may lose the ability to bring a civil claim, so it is worth finding out which deadline applies to your situation.
California has expanded these deadlines several times in recent years. The civil deadline, which applies when you seek compensation, is also separate from any criminal timeline. You can pursue a civil claim whether or not you ever reported to police, and whether or not charges were ever filed.
Deadlines for Adult Survivors
If you were 18 or older at the time, California generally gives you up to 10 years from the date of the assault, or 3 years from the date you discovered a psychological or physical injury caused by it, whichever is later. This is set out in California Code of Civil Procedure section 340.16.
That second part matters. Some survivors don’t connect an injury like PTSD, depression, or another health condition to the assault until years later. The law accounts for this by providing additional time based on when you discovered, or reasonably should have discovered, that an injury or illness resulted from the assault.
Deadlines for Survivors of Childhood Abuse
If the abuse happened when you were under 18, the deadlines are different and, in many cases, far more generous. In general, you have until age 40, or 5 years from the date you discovered the harm, under section 340.1. For childhood abuse that occurs on or after January 1, 2024, California removed the filing deadline entirely.
Older childhood cases have their own rules, and they can be nuanced. We walk through them in more detail on our child sexual abuse statute of limitations page.
California Keeps Expanding Survivors’ Rights
Over the last several years, California has repeatedly widened the window for survivors to come forward, and at times it has opened limited revival periods that let people file even after the usual deadline had passed. Some of these windows are temporary, and whether any of them applies to you depends on the specific facts of your case and its timing.
These rules can be difficult to sort through on your own. California’s deadlines are layered, and a claim that appears to be too old may still have legal options worth exploring. If you are unsure whether you still have time to file, it can be helpful to ask an attorney rather than assume the deadline has passed.
What If You Are Not Sure of the Dates, or Think Your Time Has Passed?
You don’t need to know the exact dates before contacting us. We can start with what you remember, review the type of case and current law, and help determine whether you still have time.
If a deadline may be approaching, speaking with an attorney sooner can help preserve your legal options. If you think a deadline has already passed, it may still be worth a conversation, since revival windows and the discovery rule change the answer more often than people expect.
How a Sexual Abuse Lawyer Helps You Protect Your Deadline
Part of our job is to get the timing right, so nothing is lost on a technicality. When you reach out, we:
- Confirm which deadline may apply to your situation, including any revival window.
- Identify other people or institutions that may bear legal responsibility.
- Help preserve records and evidence that may be important to your claim.
- Handle the filing and legal process so you don’t have to navigate the deadline on your own.
You pay nothing up front. We take these cases on a contingency basis, which means our fee comes only as a percentage of a recovery. If there is no recovery, you owe us no attorney fee.
Talk with a California Sexual Abuse Lawyer About Your Deadline
You don’t have to decide anything today except whether you want to ask one question: do I still have time? Jessica Pride and The Pride Law Firm can review your circumstances, explain which deadlines may apply, and help you understand your options. What you decide to do next is up to you.
Call 619-516-8166 or contact us for a free, 100% confidential consultation. If you are in San Diego, you can also learn about working with our local team on our San Diego sexual assault lawyer page.
Frequently asked questions
What is the statute of limitations for sexual abuse in California?
It depends on your age at the time and when you discovered the harm. Adult survivors generally have up to 10 years from the assault, or 3 years from discovering or reasonably discovering a related injury. Different rules apply to childhood sexual abuse, and California has eliminated the filing deadline for childhood abuse occurring on or after January 1, 2024.
Is it too late to sue if the abuse happened a long time ago?
Not necessarily. California has extended some filing deadlines, eliminated the deadline for certain childhood abuse claims, and created limited revival windows for some older claims. It may be worth asking an attorney before assuming your time has passed.
What if I don’t remember the exact dates of the abuse?
You do not need exact dates to talk with us. We can start with what you remember and look at the circumstances and current law to help determine which deadline may apply.
Does the civil deadline depend on whether I filed a police report?
No. A civil claim does not depend on whether you reported to police or whether anyone was criminally charged.
How much does it cost to ask?
Nothing. The consultation is free and confidential, and we work on contingency, so you owe no attorney fee unless we recover compensation for you.
