California Childhood Sexual Abuse Statute of Limitations: What Survivors Need to Know

If you were sexually abused before age 18, California's civil deadline depends on when the abuse happened. For abuse on or after January 1, 2024, there is no time limit. For earlier abuse, a survivor generally has until age 40, or five years from discovering that a psychological injury was caused by the abuse, whichever is later.

California law has changed several times because so many survivors ask "is it too late?" years after the fact, and the answer is often more open than people expect. A statute of limitations is simply the deadline for filing a lawsuit.

The Short Answer: California's Deadline for Childhood Sexual Abuse Civil Claims

The governing statute is California Code of Civil Procedure section 340.1. Which rule applies turns on the date of the abuse.

Abuse on or after January 1, 2024. There is no time limit to file a civil claim.

Abuse on or before December 31, 2023. The claim is governed by the law as it read on December 31, 2023. Under that law, a survivor may file until age 40, or within five years of discovering, or reasonably should have discovered, that a psychological injury or illness was caused by the abuse. Whichever date is later controls.

Criminal time limits are a separate system and do not decide whether a civil claim is open. A fuller overview of every deadline is in our guide to the California sexual abuse statute of limitations.

What California Code of Civil Procedure § 340.1 Actually Says

Section 340.1 governs civil lawsuits for money damages. The statute uses the phrase "childhood sexual assault," which covers acts the Penal Code prohibits, committed against someone under 18. The plaintiff is the person who files the lawsuit; the defendant is the person or organization being sued.

The opening of the current statute reads:

"There is no time limit for the commencement of any of the following actions for recovery of damages suffered as a result of childhood sexual assault: (1) An action against any person for committing an act of childhood sexual assault. (2) An action for liability against any person or entity who owed a duty of care to the plaintiff, if a wrongful or negligent act by that person or entity was a legal cause of the childhood sexual assault that resulted in the injury to the plaintiff. (3) An action for liability against any person or entity if an intentional act by that person or entity was a legal cause of the childhood sexual assault that resulted in the injury to the plaintiff."

The "no time limit" rule reaches only abuse on or after January 1, 2024. The statute names three kinds of defendant: the person who committed the abuse, and persons or entities whose negligent or intentional act was a legal cause of it. That is how institutions become defendants.

A plaintiff who is 40 or older when the case is filed must file certificates of merit, one signed by the plaintiff's attorney and one by a licensed mental health practitioner who has interviewed the plaintiff but has not treated them.

The most significant change came through AB 218 in 2019. AB 452, effective in 2024, removed the time limit for newer abuse. AB 452 did not revive older claims that had already expired; it applies going forward only.

The Discovery Rule: When the Clock Actually Starts

Many survivors do not connect childhood abuse with problems they experience as adults until years later, and the law anticipates that delay.

For abuse on or before December 31, 2023, section 340.1 allows a claim within five years of the date a survivor discovers, or reasonably should have discovered, that a psychological injury or illness occurring after age 18 was caused by the abuse.

• The five years run from discovery, not from the abuse. A survivor who makes that connection at 45 may have until 50.
• The two measures are alternatives. Age 40 and five years from discovery are compared, and the later date applies.
• Discovery is a legal question that attorneys and courts assess from the circumstances.

The 2019 Lookback Window and What It Changed

AB 218 took effect on January 1, 2020. It extended the deadline for childhood sexual abuse claims to age 40, or five years from discovery, whichever is later, the rule that still governs abuse on or before December 31, 2023. It also changed how claims against local public entities are handled.

It also opened a lookback window: a period during which expired claims could be filed anyway. That window ran from January 1, 2020 through December 31, 2022. That window is closed.

Its closure does not end every older claim. A survivor who was under 40 on December 31, 2023, or whose discovery of a related injury falls within the five-year rule, may still be within the deadline. Separate revival rules exist for sexual assault in adulthood. Because the Legislature amends section 340.1 often, current law is worth confirming at the time a question arises.

Claims Against Institutions: Schools, Churches, and Other Organizations

Section 340.1 allows claims against people and entities that owed a child a duty of care and whose negligent or intentional conduct was a legal cause of the abuse. That can include schools, religious organizations, youth programs, sports organizations, foster care agencies, healthcare providers and employers.

These claims usually rest on theories such as:

• Negligent hiring: bringing someone into a position with access to children despite knowing, or having reason to know, of a risk.
• Negligent supervision: failing to reasonably oversee the person or setting.
• Negligent retention: keeping the person in their role after warning signs.

A survivor who proves the abuse resulted from a cover up, defined as "a concerted effort to hide evidence relating to childhood sexual assault," may recover up to treble damages against a defendant found to have covered it up, unless another law prohibits it.

The same deadlines apply to institutional claims. Ordinarily, a claim against a California government body must first be presented to that body before a lawsuit is filed. For childhood sexual abuse claims under section 340.1 against a local public entity, such as a school district, city or county, that pre-filing claim is not required, regardless of when the abuse occurred. Claims against the State of California follow different rules: the exemption there reaches only abuse on or after January 1, 2024. Related guides cover school sexual abuse and clergy sexual abuse.

Criminal Prosecution vs. Civil Lawsuit: Two Separate Paths

In a criminal case, a district attorney prosecutes the accused and the survivor is a witness. In a civil case, the survivor is the plaintiff and seeks compensation.

Penal Code section 801.1 allows prosecution of certain listed felony sexual offenses against a minor at any time before the victim's 40th birthday, for crimes committed on or after January 1, 2015 or not already time-barred on that date. For certain of the most serious sexual offenses, California law now allows prosecution at any time. These rules do not change the civil deadline under section 340.1.

A civil claim can proceed whether or not criminal charges were filed or the perpetrator is alive. A civil case uses preponderance of the evidence, lower than the criminal standard of beyond a reasonable doubt. More is in our article on civil vs. criminal sexual abuse cases.

What Survivors Often Ask: Common Questions About the Deadline

Most deadline questions come down to the date of the abuse. Our childhood sexual abuse guide covers each topic in more depth.

If You Have Questions, Privately

If you experienced sexual abuse as a child, you may have the right to pursue a civil claim against the person responsible, an institution that failed to protect you, or both. California law allows a survivor to seek compensation for emotional harm, the cost of therapy and medical care, lost income, and other damages the law permits, and in cover-up cases potentially more. Because California has extended and revised these deadlines, options may exist even when the abuse happened many years ago.

A confidential case review with Justice for Survivors covers which deadline applies, whether an institution or public entity may be a defendant, and what next steps would look like. It is free, private and carries no obligation.

To ask a private attorney what California law means for your situation, call Justice for Survivors at (866) 694-1630 for a confidential case review, or reach out by whichever channel feels safest.