Yes. A survivor of sexual abuse or assault in Bakersfield may be able to file a civil lawsuit for compensation, even years after the abuse and even if no one was ever charged with a crime. These cases are filed in Kern County Superior Court, and California has extended its deadlines so that many older claims remain possible.
If you live in or near Bakersfield and are trying to understand whether a civil claim is still open to you, this page explains how these cases work in plain terms: how they differ from a criminal case, which deadline applies based on when the abuse happened, where cases are filed in Kern County, and what the process looks like from first contact to resolution. This page was reviewed by Justice for Survivors, a California law firm.
What a Civil Sexual Abuse Claim Is, and How It Differs from a Criminal Case
In a criminal case, the Kern County District Attorney decides whether to prosecute, and the goal is punishment. In a civil case, the survivor decides whether to file, when, and whether to settle. The goal is compensation for the harm done. Our page on civil and criminal abuse cases covers the differences in more depth.
The proof required is also different. A criminal conviction requires proof beyond a reasonable doubt. A civil claim uses the "preponderance of the evidence" standard, which means showing that something is more likely true than not. For that reason, a civil claim can go forward even if no police report was made, no charges were filed, or the person was acquitted. California law says this directly: a criminal prosecution is not necessary for a civil sexual assault claim.
A civil case can name more than the person who caused the harm. It may also name an institution, such as a school, church, youth organization, or care facility, whose own conduct helped make the abuse possible. Two ideas usually come up:
- Respondeat superior is a Latin phrase meaning "let the employer answer." It is the rule that an employer can sometimes be responsible for what an employee did on the job.
- Institutional liability more broadly covers an organization's own failures: hiring someone it should have screened out, failing to supervise them, keeping them on after warning signs, or failing to protect a child in its care.
California's Survivor Window Laws and What They Mean for Bakersfield Residents
A "statute of limitations" is the deadline to file a lawsuit. A "revival window" is a period during which the Legislature reopens claims whose deadline had already passed. California has done both. Which rules apply in Bakersfield depends mainly on two facts: the survivor's age when the abuse happened, and the date it happened. A broader overview is on our page about considering a civil claim.
Abuse that happened before age 18
Under Code of Civil Procedure § 340.1, the rule depends on the date of the abuse:
- For abuse on or after January 1, 2024, there is no time limit.
- For abuse on or before December 31, 2023, the claim is governed by the law as it stood at the end of 2023: generally until the survivor's 40th birthday, or within five years of discovering that the abuse caused the harm, whichever is later.
The "discovery rule" in that second point means the clock can start when a survivor connects present difficulties, such as anxiety, depression or relationship problems, to the abuse, not only when the abuse occurred. Survivors who are 40 or older when they file must have certificates of merit prepared by their attorney and a licensed mental health practitioner. The same section allows up to triple damages against a defendant proven to have covered up the abuse of a minor. More on childhood claims is on our child sexual abuse claims page.
Assault that happened at 18 or older
Under Code of Civil Procedure § 340.16, the deadline is the later of 10 years from the last act, or three years from when the survivor discovered or reasonably should have discovered that an injury resulted from it.
The window open until December 31, 2026
AB 2777 (Stats. 2022, Ch. 442), the Sexual Abuse and Cover Up Accountability Act, added a revival window to § 340.16. It reopens adult sexual assault claims based on conduct on or after January 1, 2009 that would otherwise be barred only because the deadline passed. These revived claims may be filed until December 31, 2026. The window does not revive a claim already litigated to a final decision, or settled in a written agreement, before January 1, 2023. It is not limited to claims against institutions.
A second window
The same statute also opens a separate revival period from January 1, 2026 through December 31, 2027. Unlike the first window, this one does not apply to claims against a public entity, such as a school district or county agency.
Where Sexual Abuse Civil Cases Are Filed in Kern County
Civil sexual abuse cases arising in Bakersfield are filed in Kern County Superior Court, the county's trial court, and handled through its Civil Division. The main courthouse is at 1415 Truxtun Avenue, Bakersfield, CA 93301. Current locations, hours and filing information are posted by the Superior Court of California, County of Kern and through the California Courts website.
Claims against public entities
Cases against a school district, a county agency, or another public body can involve an extra step. Under Government Code § 945.4, when the Government Claims Act requires it, a written claim must be presented to the public entity, and acted on or rejected, before a lawsuit can be filed. For many injury claims the deadline to present that claim is generally six months.
Childhood sexual abuse claims are treated differently. A childhood claim under § 340.1 against a local public entity, such as a school district or county, is exempt from the claim-presentation requirement, regardless of when the abuse happened, and a local entity cannot impose its own claim procedure in its place. Claims against the State of California follow a different rule, under which the exemption reaches only abuse on or after January 1, 2024.
For adult assault claims against a public entity, whether the claim-presentation requirement applies can depend on the specific facts and on unsettled questions of law. For that reason, public-entity cases typically benefit from careful review early.