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California AB 250 and Sexual Assault Claims: What the Law Actually Says

What AB 250 changed in California's civil sexual assault deadlines, how the CCP 340.16 revival windows differ, and how adult claims differ from childhood ones.

Published October 14, 2026
Last reviewed October 14, 2026
Jurisdiction: CA
California-only: This article describes California law. It is not legal advice and does not create an attorney-client relationship.

AB 250 is a California law that added a new revival window to Code of Civil Procedure section 340.16 for some adult sexual assault claims. It runs from January 1, 2026, to December 31, 2027, is aimed at claims against private organizations, and excludes public entities. A separate window for otherwise expired claims stays open until December 31, 2026.

Many people who look up AB 250 are survivors of an assault that happened years ago, as adults, who have heard that the law changed and want to know whether a claim they assumed was too late can still be filed. That is a common situation: many survivors do not connect what happened to them with a legal claim until long afterward, and California's civil deadlines were rewritten with that in mind. AB 250 does not erase every deadline. It works alongside California's existing rules and does not replace them.

This article explains the civil side only: lawsuits for money damages against the person who caused the harm and, in some cases, against an organization that employed or supervised that person.

What AB 250 Does, and Why California Passed It

"AB" stands for Assembly Bill. AB 250 amended the Code of Civil Procedure, the body of California law that sets the rules and deadlines for civil lawsuits. It did so by adding a further revival provision to section 340.16. A revival provision lets some survivors file a civil lawsuit even after the ordinary deadline has passed.

A statute of limitations is the legal deadline for filing a lawsuit. Once it passes, a court will generally dismiss the case, however serious the underlying harm.

For years, those deadlines were short compared with how long it often takes a survivor to recognize harm or feel able to act. The California Legislature has responded over time with longer deadlines, discovery-based deadlines, and revival windows that temporarily reopened expired claims. AB 250 is part of that pattern.

The text and status of AB 250 can be read at leginfo.legislature.ca.gov, by searching for the bill number.

How California's Civil Statute of Limitations for Sexual Assault Works

Code of Civil Procedure section 340.16 sets the baseline. It applies where the assault occurred on or after the survivor's 18th birthday. The statute says the time to file "shall be the later of the following":

"(1) Within 10 years from the date of the last act, attempted act, or assault with the intent to commit an act, of sexual assault against the plaintiff. (2) Within three years from the date the plaintiff discovers or reasonably should have discovered that an injury or illness resulted from an act, attempted act, or assault with the intent to commit an act, of sexual assault against the plaintiff."

In plain terms, a survivor generally has ten years from the last assault. The second clause is a version of the discovery rule: the clock can start when the survivor learns, or reasonably should have learned, that an injury came from the assault. Whichever of the two dates falls later controls.

A civil case is brought by the survivor and seeks money damages; a criminal case is brought by the state. Section 340.16 says plainly that no criminal prosecution is required, and that if one was brought, it does not need to have ended in a conviction. The differences are set out in our guide to civil and criminal sexual abuse cases.

General court information is available from the California Courts website.

Who AB 250 Covers, and What Types of Claims It Applies To

Section 340.16 defines "sexual assault" by reference to specific Penal Code crimes: sections 243.4 (sexual battery), 261, 264.1, 286, 287 and 289, former sections 262 and 288a, plus assault with intent to commit any of those crimes and attempts to commit them.

Who can be named. A claim may be brought against the individual who committed the assault. The statute also says it does not limit claims "against persons or entities other than the alleged person who committed the crime." Two legal ideas usually come into play when an organization is named:

  • Respondeat superior: the rule that an employer can be legally responsible for harm caused by an employee acting within the scope of the job. Courts often treat sexual misconduct as outside the scope of employment, so this theory does not always fit.
  • Negligent hiring, supervision or retention: the organization's own failure, such as not screening, not supervising, or keeping someone on after it knew or should have known of a risk.

General workplace harassment claims fall under different employment laws and are outside this article.

Adult versus childhood claims. Abuse that happened before age 18 falls under Code of Civil Procedure section 340.1, with its own rules:

  • For childhood sexual assault occurring on or after January 1, 2024, section 340.1 states there is "no time limit" to file, against the person who committed it or against a person or entity whose negligent or intentional act was a legal cause of it.
  • For abuse occurring on or before December 31, 2023, the earlier rule still governs: generally, until the survivor's 40th birthday, or five years from discovery, whichever is later.
  • Section 340.1 also allows up to treble damages against a defendant found to have covered up the abuse of a minor, defining a "cover up" as "a concerted effort to hide evidence relating to childhood sexual assault."
  • A survivor who is 40 or older when the case is filed must have certificates of merit filed by their attorney and by a licensed mental health practitioner.

The age at the time of the abuse decides which framework applies. Claims involving public entities carry additional rules, covered in our guide to school sexual abuse claims.

The Revival Window: When Expired Claims Can Be Reopened

A revival window is a period created by the Legislature during which claims whose deadlines had already passed can be filed again. Outside the window, those claims stay barred.

For childhood sexual abuse, the Legislature opened a three-year revival window that closed on December 31, 2022. For adult sexual assault, section 340.16 now contains more than one revival provision, and they are not interchangeable.

The window in section 340.16(b)(3). This provision was written by AB 2777 (Stats. 2022, Ch. 442), the Sexual Abuse and Cover Up Accountability Act. It revives adult sexual assault claims that:

  • are based on conduct that occurred on or after January 1, 2009;
  • are filed on or after January 1, 2019; and
  • would have been barred "solely because the applicable statute of limitations has or had expired."

Those claims "may be commenced until December 31, 2026." The statute names only two exceptions: a claim litigated to finality in court before January 1, 2023, and a claim settled by a written agreement before January 1, 2023. Whether this window reaches a public entity is a question the statute does not answer on its face and is one for an attorney to review.

The newer window added by AB 250. A separate revival provision in section 340.16 runs from January 1, 2026, to December 31, 2027. It is narrower than the (b)(3) window in three ways that the article can describe:

  • Who the defendant is. It is aimed at claims against private organizations rather than claims in general.
  • What it leaves out. It does not reach public entities, whether the claim against them is direct or based on the conduct of an employee.
  • Its own qualifying conditions. It carries its own conditions about the conduct and the entity involved. Those conditions are set out in the bill text, and whether a given claim meets them is a fact-specific question for an attorney.

How the two adult windows compare.

ClosesDecember 31, 2026December 31, 2027
OpensAlready openJanuary 1, 2026
Conduct date stated in this articleOn or after January 1, 2009Set by its own conditions
DefendantsNot limited on its facePrivate organizations
Public entitiesNot answered on the statute's faceExcluded

Two closed windows. Section 340.16 also contains two earlier provisions, (c) and (d), tied to physicians at a USC student health center and a UCLA medical clinic. Both have closed: (c) on December 31, 2020, and (d) on December 31, 2021.

Whether a particular claim fits a window depends on dates, the defendant, any earlier settlement or lawsuit, and the precise statutory language. Our overview of the California sexual abuse statute of limitations sets the deadlines out by abuse date.

What AB 250 Does Not Change: Common Misconceptions

It does not decide the case. A revival window opens the courthouse door. The survivor still has to prove the claim under the ordinary civil standard.

It does not remove all deadlines. Each adult window has an end date. California has no Adult Survivors Act; that name belongs to a New York law whose window closed in 2023.

It is not the only law that matters. Someone harmed both before and after turning 18 may have claims under both sections 340.1 and 340.16.

It does not remove a defendant's defenses. A defendant can still dispute what happened, rely on a prior settlement, or raise other legal defenses.

It does not require a finished account. A survivor does not need a complete timeline or a full memory of events to speak with an attorney. Gaps in memory are common.

How Civil Sexual Assault Claims Proceed in California Courts

Civil sexual assault cases are filed in the California Superior Court, which has a courthouse in every county.

A case generally moves through these stages:

  1. Complaint. The survivor's attorney files a written complaint describing the legal claims and the defendants. Survivors can often ask to proceed under a pseudonym such as Jane Doe; our page on confidentiality in sexual abuse claims explains how that works.
  2. Service of process. Each defendant is formally given the complaint and a summons.
  3. Discovery. Both sides exchange documents, written questions, records and depositions. Against an institution, this is often where hiring files and prior complaints come to light.
  4. Settlement. Many cases resolve by agreement before trial, often after mediation.
  5. Trial. If the case does not settle, a judge or jury decides it.

The standard of proof. A civil case uses "preponderance of the evidence," meaning more likely than not. A criminal case uses "beyond a reasonable doubt," which is much higher.

Protection for a survivor's history. Evidence Code section 1106 limits what a defendant can use. In a civil case alleging sexual assault or sexual battery, a defendant generally cannot offer opinion evidence, reputation evidence, or specific instances of the survivor's sexual conduct to prove consent, to prove the absence of injury, or to attack the survivor's credibility on those points. The rule has narrow exceptions, including conduct with the alleged perpetrator and evidence used to rebut something the survivor introduces. For a minor's claim against an adult under the statute's specified circumstances, even sexual conduct with the defendant cannot be used to prove consent.

Finding the Right Attorney for an AB 250 Claim in California

Civil sexual assault claims involve deadline statutes, institutional liability theories, certificates of merit in some childhood cases, and evidence rules that do not arise in a typical injury case.

Survivors and families often look for an attorney with experience in California civil sexual assault litigation and a trauma-informed approach.

Justice for Survivors is a California law firm that focuses on civil claims for sexual abuse and sexual assault in California, including claims against schools, churches, healthcare providers, youth organizations and employers. It is not the right fit for someone whose main need is help with a criminal prosecution, or whose claim arises outside California. Survivors looking for non-legal support at any hour can reach RAINN.

If You Have Questions, Privately

A survivor of sexual assault or abuse in California may have the right to pursue a civil claim, against the person responsible and, in some cases, against an organization that failed to protect them. Through a civil claim, the law allows a survivor to seek compensation for emotional harm, the cost of therapy and medical care, lost income, and other damages California law permits. For some, a claim is also about acknowledgment and accountability. Because California has extended and revived its deadlines more than once, options may exist even when the abuse happened many years ago.

This article is not asking anyone to decide anything, and it is not a substitute for a private conversation with an attorney. A confidential case review with Justice for Survivors looks at a few practical questions: which statute applies, whether a revival window may cover the claim, who the possible defendants are, and what a case could involve. It is free and carries no obligation. Nothing needs to be organized first. A question can come by phone or through this website's contact form, whichever feels safest.

To ask a private attorney what this means for your situation, call Justice for Survivors at (866) 694-1630 for a confidential case review.

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Common questions

Frequently asked questions

What is California AB 250?

AB 250 is an Assembly Bill that amended Code of Civil Procedure section 340.16. Its revival window, open from January 1, 2026, through December 31, 2027, lets some otherwise expired adult sexual assault claims against private organizations be filed.

Does AB 250 apply to my sexual assault claim if it happened years ago?

It may, depending on when the assault happened, the survivor's age, who the defendant is, and whether there was an earlier lawsuit or settlement. Section 340.16 also contains a separate window open until December 31, 2026, for otherwise expired claims based on conduct on or after January 1, 2009.

What is the statute of limitations for sexual assault civil claims in California?

For assault at age 18 or older, section 340.16 generally allows ten years from the last act, or three years from when the survivor discovered or reasonably should have discovered the resulting injury, whichever is later. Revival windows can extend that for some claims.

Can I file a civil lawsuit for sexual assault even if no criminal charges were filed?

Yes. Section 340.16 states that no criminal prosecution is required, and that a prosecution need not have ended in a conviction.

Who can be sued in a California civil sexual assault case?

The person who committed the assault, and in some cases an organization connected to that person, under respondeat superior or negligent supervision or retention.

What is a revival window and is one currently open under AB 250?

A revival window is a period during which claims whose deadlines had passed may be filed again. As of this article's date, section 340.16 contains two adult windows with different rules: one open until December 31, 2026, and the newer one running through December 31, 2027.

Does AB 250 cover childhood sexual abuse claims?

No. Childhood sexual abuse claims fall under section 340.1. For abuse on or after January 1, 2024, there is no time limit. For earlier abuse, the deadline is generally age 40 or five years from discovery, whichever is later.

Do I have to describe everything that happened to speak with an attorney?

No. A first conversation is confidential, and nothing has to be described in detail to ask whether a claim may exist.

What does a civil sexual assault lawsuit in California involve?

It generally involves filing a complaint in Superior Court, serving the defendants, discovery, and then either settling or going to trial. Court information is at courts.ca.gov.

Sources Show citations

Authority citations linked to free, stable, official sources. Statutes from the California codes (via leginfo.legislature.ca.gov, the Legislature's own site); cases via CourtListener or Google Scholar; agency and self-help material from courts.ca.gov and selfhelp.courts.ca.gov.

  • Cal. Code Civ. Proc. § 340.16
    Authority
  • Cal. Code Civ. Proc. § 340.1
    Authority
  • Cal. Evid. Code § 1106
    Authority

Last reviewed October 14, 2026.

Not legal advice. This article is general information about California law. It is not legal advice. Reading it does not create an attorney-client relationship. Whether a claim can still be brought depends on the specific facts, including dates, so only a consultation with a licensed California attorney can tell you how the law applies to your situation.

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