Sexual assault claims revived by 2022 California law

A new California law that went into effect on January 1, 2023 revives certain civil claims that were barred by the prior statute of limitation. The Sexual Assault and Abuse Cover Up Accountability Act revives two categories of claims.

Three Year Window to File Some Sexual Assault Lawsuits.
The act revives for three years sexual assault claims for survivors who were adults at the time of the incidents, and where the assault or abuse occurred on or after January 1, 2009. Claims that were previously blocked by the statute of limitations can now go forward. These revived claims can be filed until December 31,2026.

One Year Window to File Other Sexual Assault Lawsuits Involving a Cover-Up.
The law also revives claims for certain sexual assaults - regardless of when the conduct occurred - for a one-year period if certain requirements are met. One requirement is that the claimant be an adult at the time of the assault. A second requirement is that responsible entities engaged in a cover-up of the activity. The act defines cover-up as "a concerted effort to hide evidence relating to a sexual assault that incentivizes individuals to remain silent or prevents information relating to a sexual assault from becoming public or being disclosed to the plaintiff, including, but not limited to, the use of nondisclosure agreements or confidentiality agreements." This portion of the statute expressly applies to employment cases: "this subdivision revives any related claims, including, but not limited to, wrongful termination and sexual harassment, arising out of the sexual assault that is the basis for a claim pursuant to this subdivision."

Although this law revives claims that were previously barred, it only does so for a limited time. If you were the victim of sexual assault or abuse occurring on or after January 1, 2009  while you were an adult you must file a lawsuit on or before December 31, 2026. If you were the victim of sexual assault or abuse at any time while you were an adult and a responsible entity engaged in a cover up then you have only until December 31, 2023 to file a civil action. If you or a loved one believes that you fall into one of these categories you should contact our office to discuss the matter as soon as possible.

Photo by Mihai Surdu on Unsplash