In California, an adult survivor of sexual assault generally has 10 years from the assault, or 3 years from discovering the harm it caused, whichever is later, to file a civil lawsuit. Older expired claims may be revived through December 31, 2026. For several serious felonies, criminal charges can be brought at any time.
If you were sexually assaulted as an adult in California, you generally have 10 years from the assault to file a civil lawsuit for damages. If it is later, you have 3 years from when you discovered the harm it caused. For several serious felony offenses, the state can bring criminal charges at any time.
Many adults who look this up are asking whether too much time has passed. California has changed its law several times, so an earlier answer may no longer be accurate. This article explains how the deadlines work. It does not assess any one person's situation.
The Short Answer: California's Deadlines for Adult Sexual Assault
California runs two separate systems, and each one has its own clock. The criminal deadline controls how long the state has to prosecute. The civil deadline controls how long a survivor has to sue for money damages.
On the criminal side, Cal. Penal Code § 801.1 and Cal. Penal Code § 799 set the time limits. On the civil side, Cal. Code Civ. Proc. § 340.16 sets them.
Which rule applies depends mainly on three things:
- when the assault happened,
- what kind of offense it was, and
- who might be responsible, meaning the person who committed it, an institution, or both.
Criminal Statute of Limitations for Adult Sexual Assault in California
Penal Code § 799(b) lists specific felony sexual offenses that "may be commenced at any time." The list includes certain forms of:
- rape under Penal Code § 261,
- sodomy under § 286,
- oral copulation under § 287, and
- sexual penetration under § 289.
These include acts committed by force, violence, duress, menace or fear. Spousal rape used to have its own separate section. That section is now repealed, and the current rape statute is § 261.
The no-time-limit rule applies to crimes committed on or after January 1, 2017. It also applies to earlier crimes whose old deadline had not yet run out on that date.
For other qualifying sex felonies that are not on the § 799 list, § 801.1(b) generally allows prosecution within 10 years after the offense. California law also has provisions that can extend the criminal deadline in some situations, including some cases where DNA evidence later identifies a suspect.
Two practical points often surprise people:
- The survivor does not "press charges." The survivor makes a report to law enforcement. The district attorney then decides whether to prosecute.
- A report can be made at any time. The California Department of Justice publishes information about reporting and about victims' rights.
Civil Statute of Limitations: Suing for Damages After Adult Sexual Assault
Section 340.16(a) gives an adult survivor a deadline that is the later of two dates. In the statute's words, an action may be filed:
"(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."
The second date reflects the discovery rule. The clock can start on the date a survivor connects a later harm, such as anxiety, depression or a medical condition, back to the assault. For many people, that comes years later.
A civil claim can be brought against the person who committed the assault. It can also be brought against others whose own conduct contributed to the harm, such as an employer, a school, a healthcare provider or another institution. The statute says plainly that no prosecution, and no conviction, is required. More on who can be named appears in our guide to adult sexual assault.