Can a Family Bring a Childhood Sexual Abuse Claim in California?

In California, a childhood sexual abuse claim generally belongs to the survivor, not the family. A parent or guardian can file it for a child under 18, and after a survivor's death certain relatives may bring a survival or wrongful-death claim. Filing deadlines depend on when the abuse happened.

Learning that someone in your family was abused as a child often raises urgent questions about what can be done and who has the right to act. This article takes each situation in turn: a child who is still a minor, an adult survivor, and a survivor who has died, along with how filing deadlines and any criminal case fit in.

What California Law Says About Who Can File

The governing statute is California Code of Civil Procedure § 340.1. It uses the term "childhood sexual assault," covering acts listed in the Penal Code that occurred when the plaintiff was under 18.

The right to sue belongs to the person who was abused. A parent, sibling or grandparent who was not abused generally cannot bring an independent civil claim for the abuse itself.

There are two main exceptions. A parent or legal guardian can file the survivor's claim for a child who is still a minor. And if the survivor has died, certain family members may bring a survival action (the survivor's own claim, carried on by their estate) or a wrongful-death action (a separate claim by close family for their own loss).

Section 340.1 also covers an action against "any person or entity who owed a duty of care to the plaintiff" whose wrongful or negligent act was a legal cause of the abuse, such as a school, religious organization or youth program. Our guide to childhood sexual abuse in California covers those defendants.

The Statute of Limitations Under California Code of Civil Procedure § 340.1

The filing deadline depends on when the abuse happened.

Abuse on or after January 1, 2024. Section 340.1 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." That rule came from AB 452 and applies only to abuse on and after January 1, 2024. It did not revive older claims.

Abuse on or before December 31, 2023. These claims are governed by Section 340.1 as it read at the end of 2023. A survivor generally may file by the later of:

• age 40 (22 years after turning 18), or
• five years from the date the survivor discovered, or reasonably should have discovered, that a psychological injury or illness occurring after age 18 was caused by the abuse.

The second deadline reflects the discovery rule. Because the first deadline is measured from age 18, the clock effectively does not run during childhood. Pausing a deadline this way is called tolling.

AB 218. This 2019 law opened a revival window from January 1, 2020 through December 31, 2022. That window has closed. Its age-40 and five-year discovery deadlines remain the rule for abuse before 2024.

For survivors 40 or older when they file, the statute requires certificates of merit, signed by the attorney and a licensed mental health practitioner. In plain terms, these are written statements confirming that the case has been reviewed before it is filed.

Claims against a public school district or other government body follow special rules, and claims against the State differ from those against local entities. The California sexual abuse statute of limitations page discusses these deadlines further.

When a Parent or Guardian Can File on a Child's Behalf

Under Code of Civil Procedure § 372, a minor who is a party "shall appear either by a guardian or conservator of the estate or by a guardian ad litem appointed by the court." A guardian ad litem is an adult, often a parent, appointed to act for the child in that lawsuit.

The claim still belongs to the child. Any settlement requires court approval, and money recovered is handled under Probate Code rules protecting it for the child.

A family is not required to file while the child is young; many claims can be brought later by the survivor as an adult. The California courts' self-help center explains how guardian ad litem appointments work.

Wrongful Death and Survival Claims When a Survivor Has Died

When a survivor has died, two different kinds of claim may be available, and they work differently.

Survival action. Code of Civil Procedure § 377.20 generally provides that a cause of action "is not lost by reason of the person's death, but survives subject to the applicable limitations period." The claim is brought by the personal representative or a successor in interest, and the original abuse deadlines still apply. Put simply, a successor in interest is the person who steps into the deceased survivor's place to carry the survivor's own claim forward.

Wrongful-death action. This claim belongs to family members for their own loss and requires showing that the defendant's wrongful act or neglect caused the death.

Code of Civil Procedure § 377.60 lists who may bring it: the surviving spouse, domestic partner, children and issue of deceased children, or, if there is no surviving issue, those who would inherit by intestate succession. Certain dependents, including parents and stepchildren, may also qualify.

The deadline is generally two years from the death, under Code of Civil Procedure § 335.1, separate from the Section 340.1 deadlines.

Civil Claims and Criminal Cases: How They Relate

A criminal case is brought by a prosecutor and can result in a conviction. A civil case is brought by the survivor and seeks compensation.

A criminal conviction requires proof beyond a reasonable doubt; a civil claim requires a preponderance of the evidence, meaning more likely than not. A criminal conviction is therefore not required to bring or win a civil case, whether charges were never filed, are pending, or ended in acquittal. The article on civil vs. criminal sexual abuse cases explains both systems. RAINN offers confidential help to survivors and families.

What Families Should Know Before Consulting an Attorney

This article explains California law in general terms and is not legal advice about any particular family. Not every situation gives rise to a claim.

Helpful information includes the approximate dates of the abuse, the survivor's current age, any earlier lawsuits or settlements, and who was involved. None of it has to be complete, and no one has to describe what happened to ask whether a claim may exist.

Communications with a lawyer for legal advice are generally protected by attorney-client privilege. California also offers ways to protect a survivor's identity in court, covered in our article on confidentiality in sexual abuse claims.

The State Bar of California explains how to find a certified lawyer referral service. SNAP offers peer support.

If Your Family Has Questions, Privately

A survivor, or a family acting for a child or for someone who has died, may have the right to pursue a civil claim in California. Where a claim exists, the law allows a survivor to seek compensation for emotional harm, therapy and medical costs, lost income, and other damages the law permits, against the person responsible and, in some cases, an institution that failed to protect a child. Options may exist even when the abuse happened many years ago, because California has extended these deadlines over time.

A confidential case review with Justice for Survivors addresses the threshold questions: who holds the claim, which deadline applies based on the dates involved, whether an institution or public entity may be part of it, and what the process would involve. It is free and private, and it creates no obligation. Nothing needs to be gathered or decided first, no one has to describe what happened, and this article is not asking anyone to decide anything today. Questions can come by whichever channel feels safest.

To ask what the law means for your family's situation, call Justice for Survivors at (866) 694-1630 for a confidential case review.