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Childhood Sexual Abuse in California: A Survivor's Legal Guide

How California civil law treats childhood sexual abuse: deadlines by abuse date, who can be sued, public-entity rules, damages, privacy and the lawsuit process.

Published October 9, 2026
Last reviewed October 9, 2026
Jurisdiction: CA
California-only: This article describes California law. It is not legal advice and does not create an attorney-client relationship.

A survivor of childhood sexual abuse in California may still be able to bring a civil lawsuit for damages. For abuse before 2024, the deadline is generally age 40 or five years after discovering the related psychological injury, whichever is later; for abuse beginning in 2024, there is no time limit.

This guide is written for adult survivors of childhood sexual abuse in California who are trying to understand whether the civil law has anything to offer them, and for parents and advocates looking into options on a young person's behalf. Many people reach this page privately, sometimes decades after the abuse and after years of not connecting what happened with any legal right at all. That is common, and California law was rewritten over the past decade largely because it is common. Nothing here asks a reader to describe their experience, and nothing here decides anything for anyone. The guide explains how California deadlines work by abuse date, who can be named in a civil case (including schools, religious organizations, youth programs and public agencies), what a lawsuit involves from start to finish, what compensation the law allows a survivor to seek, and how privacy is protected along the way.

Three facts frame everything that follows. The governing civil statute is Code of Civil Procedure section 340.1, read together with section 340.11 for abuse that happened before 2024. A civil case does not depend on a police report, a criminal charge or a conviction. And a childhood sexual abuse claim against a local public entity, such as a public school district, does not have to go through the government claim process first.

Table of contents

What Childhood Sexual Abuse Means Under California Law

"Childhood sexual assault" is the phrase California's civil statute actually uses, and it has a specific legal meaning. Under Code of Civil Procedure section 340.1, subdivision (c), it includes any act committed against the plaintiff (the person bringing the lawsuit) when the plaintiff was under 18 that would have violated one of a list of California Penal Code sections, or "any prior laws of this state of similar effect at the time the act was committed." Those Penal Code sections cover a range of sexual offenses against minors, including conduct that did not involve physical force and conduct that was not reported at the time.

This page uses "childhood sexual abuse" and "childhood sexual assault" interchangeably, because that is how most survivors search and talk. The legal definition is what matters to a court, and an attorney applies it to the facts privately. A reader does not need to decide on their own whether what happened "counts."

California handles sexual abuse of a minor in two systems that run on different tracks.

The criminal system is where the state prosecutes a person for a crime. The Penal Code defines the offenses. A district attorney decides whether to file charges, the case is brought in the name of the People of the State of California, and the possible results are things like conviction, prison or probation. The survivor is a witness in that case, not a party to it.

The civil system is where a survivor, as the plaintiff, sues for money damages (compensation for harm). The survivor decides whether to file, the survivor's own attorney controls the case, and the defendants can include not only the person who committed the abuse but also organizations whose negligence made it possible. A civil claim is a separate right that exists whether or not anyone was ever prosecuted.

The two systems also use different standards of proof. A criminal conviction requires proof beyond a reasonable doubt. A civil claim generally requires proof by a preponderance of the evidence, which means showing something is more likely true than not. Section 340.1(d) confirms that the childhood sexual assault statute does not change the ordinary civil burden of proof.

What this page covers

This guide covers civil claims only. Criminal prosecution is handled by district attorneys, and criminal defense is outside what Justice for Survivors does. Where a criminal question affects a civil one, such as how a conviction can be used as evidence, this guide explains the connection and returns to the civil side. For a fuller side-by-side treatment, see the firm's page on civil vs. criminal abuse cases.

The structure of the rest of this guide follows the way a civil case is actually analyzed: the claim and its deadline, who was responsible and in what role, which institution was involved and how it failed, what California law says about that kind of defendant, and then evidence, damages and process.

California's Statute of Limitations for Childhood Sexual Abuse Civil Claims

A statute of limitations is the legal deadline for filing a lawsuit. For childhood sexual abuse in California, the deadline depends first on one question: when did the abuse happen? The answer sorts every claim into one of two regimes.

Abuse on or after January 1, 2024: no time limit

Section 340.1(a) provides: "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." It then lists three kinds of action:

  1. An action against any person for committing an act of childhood sexual assault.
  2. An action 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 abuse.
  3. An action against any person or entity whose intentional act was a legal cause of the abuse.

This change came from AB 452, which took effect in 2024. Its scope is limited in one important way: under section 340.1(p), the no-time-limit rule applies to abuse occurring on and after January 1, 2024. AB 452 did not revive older claims, and it did not remove the deadline for abuse that happened before 2024.

Abuse before January 1, 2024: age 40 or five years from discovery

For abuse on or before December 31, 2023, the deadline is set out in Code of Civil Procedure section 340.11, which says that for childhood sexual assault "that occurred before January 1, 2024," the action must be filed:

"within 22 years of the date the plaintiff attains the age of majority or within five years of the date the plaintiff discovers or reasonably should have discovered that psychological injury or illness occurring after the age of majority was caused by the sexual assault, whichever period expires later."

Twenty-two years after the age of majority (18) is age 40. In plain terms, a survivor of pre-2024 abuse generally has until their 40th birthday, or five years from when they discovered, or reasonably should have discovered, that a psychological injury in adulthood was caused by the abuse, whichever date comes later.

The second path is often called the delayed discovery rule, and this is the guide's main explanation of it. It exists because the law recognizes that the connection between childhood abuse and adult harm frequently surfaces long after the events themselves, sometimes through therapy, sometimes through an unrelated life event. A survivor who makes that connection at 45 or 55 may still be within the five-year window. Whether the "reasonably should have discovered" standard is met is a fact-specific legal question, and it is a question about the law's timeline, not about anyone's choices.

A separate condition for claims against institutions after age 40

Section 340.11(c) adds a condition for claims against third parties, meaning institutions and other people besides the abuser. Those claims "shall not be commenced on or after the plaintiff's 40th birthday unless the person or entity knew or had reason to know, or was otherwise on notice, of any misconduct that creates a risk of childhood" sexual assault. So for a survivor who is 40 or older and relying on the discovery path, a claim against an organization generally depends on showing the organization had notice of a risk. That is often exactly what institutional records, prior complaints and personnel files are examined for.

Claims involving images

Section 340.11(a)(2) sets a different discovery period where the abuse before 2024 involved conduct proscribed by Penal Code laws concerning obscene matter involving minors. In that situation, the deadline is age 40 or within 10 years of when the plaintiff discovers, or reasonably should have discovered, after the age of majority, the existence of that material, whichever is later.

What AB 218 changed, and what has closed

AB 218, enacted in 2019 and effective January 1, 2020, rewrote the childhood sexual abuse deadline. Before it, a survivor generally had until age 26, or three years from discovery. AB 218:

  • raised the age-based deadline from 26 to 40;
  • extended the discovery period from three years to five;
  • created a three-year revival window, running from January 1, 2020 through December 31, 2022, for claims that had already expired; and
  • added the cover-up provision now found in section 340.1(b), allowing up to treble damages against a defendant found to have covered up the abuse.

That revival window has now closed. Its closing does not mean a pre-2024 claim is gone: the age-40 and five-year discovery rules AB 218 created still apply, and many survivors fall within them today. Other parts of this guide refer back to this subsection rather than repeating these dates. For more detail on how the dates fit together, see the firm's guide to the sexual abuse statute of limitations.

When abuse continued past age 18

Some survivors experienced abuse that began in childhood and continued into adulthood. Conduct after 18 is analyzed under a different statute governing adult sexual assault. Two points are settled. First, California law revives otherwise time-barred claims for adult sexual assault occurring on or after January 1, 2009, with a window open through December 31, 2026; its only carve-outs are a claim litigated to finality and a claim settled in writing before January 1, 2023. Second, a separate window, running January 1, 2026 through December 31, 2027, excludes public entities entirely. The two windows behave differently, and the firm's page on adult sexual assault explains them.

Who Can Be Held Liable: Abusers, Institutions, and Organizations

Civil responsibility for childhood sexual abuse is rarely limited to one person. California law reaches both the individual who committed the abuse and the people and organizations whose failures made it possible. Every defendant is named in a single lawsuit, and the court sorts out each one's responsibility.

The individual perpetrator

Section 340.1(a)(1) allows an action "against any person for committing an act of childhood sexual assault." That liability runs directly to the abuser and does not depend on any criminal outcome. In practice, an individual perpetrator may have limited ability to pay a judgment, which is one reason institutional defendants become central in many cases.

Perpetrators in positions of trust

Many childhood sexual abuse cases involve someone the child was placed with or entrusted to: a teacher, coach, clergy member, counselor, youth leader, foster parent, group-home staff member, healthcare provider or volunteer. The role matters legally because it usually connects the abuser to an organization that hired, assigned, supervised or vouched for them. For the school setting in particular, the firm has a separate page on teacher sexual abuse.

Institutions and organizations

The second and third categories in section 340.1(a) extend liability to "any person or entity who owed a duty of care to the plaintiff" whose wrongful, negligent or intentional act "was a legal cause of the childhood sexual assault." Entities that commonly appear in these cases, described generally, include:

  • public and private schools and school districts;
  • churches and other religious organizations;
  • youth-serving nonprofits and camps;
  • sports clubs, leagues and athletic programs;
  • foster care agencies, group homes and residential facilities;
  • healthcare providers and clinics; and
  • public agencies, including county child welfare departments and juvenile facilities.

A duty of care is a legal obligation to act reasonably to protect someone. Organizations that take on the care, custody or supervision of children generally owe that duty to the children in their programs.

Theories of institutional liability

Courts look at how an institution's own conduct contributed to the harm. The most common theories are:

  • Negligent hiring: bringing someone into a role with access to children without reasonable screening, or despite warning signs that screening would have revealed.
  • Negligent supervision: failing to reasonably monitor an employee or volunteer, or to enforce policies designed to prevent one-on-one access.
  • Negligent retention: keeping someone in a position after the organization knew, or had reason to know, of a risk.
  • Failure to protect or warn: not taking reasonable steps, once a risk was known, to protect children in the organization's care.
  • Cover-up: under section 340.1(b), a "concerted effort to hide evidence relating to childhood sexual assault." A plaintiff who proves the assault resulted from a cover-up may recover up to treble damages against a defendant found to have covered it up, unless another law prohibits it.

As described above, for pre-2024 abuse where the survivor is 40 or older, the notice condition in section 340.11(c) shapes which institutional claims can proceed. What an organization knew, or had reason to know, is often the central factual question in the case.

Public entities

Public school districts, counties and other government bodies can be defendants. California has particular statutes governing claims against them, including limits on certain kinds of damages and, for some claims, a presentation requirement. Those rules are covered in their own section below because they work differently for childhood sexual abuse than many people expect.

How a California Civil Lawsuit for Childhood Sexual Abuse Works

A civil case moves through a recognizable sequence of stages. Not every case reaches every stage, and the timeline varies widely with the number of defendants and the records involved.

1. A confidential first conversation

The process usually begins with a private consultation. Its purpose is for the survivor to get legal information: which deadline applies, who might be responsible, and what a case would involve. A survivor does not need to give a full account to get that information. A few basic facts, such as the general time period and the type of setting, are often enough for an attorney to explain the legal landscape. A survivor shares only what they choose to share, and asking questions commits them to nothing.

2. Investigation

If a survivor decides to go forward, the attorney investigates before filing. That typically means identifying every potentially responsible party, confirming whether each is a private organization, a local public entity or a state entity, and gathering available records. Useful evidence can include school or program records, employment and personnel files, prior complaints, police or child protective services reports, medical and counseling records, and the recollections of people who were present at the time. Survivors are often surprised by how much documentary evidence exists independently of their own memory.

3. Filing the complaint

The lawsuit starts with a complaint (the document stating the claims) filed in a California Superior Court. Each county has a Superior Court, and venue (the proper county) is generally where a defendant resides or where the harm occurred. Childhood sexual abuse cases are drafted by attorneys as individual pleadings; they are not built on the fill-in Judicial Council forms used in family law or small claims self-help. General information about how California courts operate is available through the California Courts self-help center.

4. Service and response

Each defendant must be formally served with the complaint. Defendants then have a set period to respond, typically by filing an answer or a motion challenging the complaint. Institutional defendants commonly file early motions testing whether the claim is timely or whether the facts alleged establish a duty.

5. Discovery

Discovery is the exchange of information between the parties. It can include written questions, document requests and depositions (recorded, out-of-court questioning under oath). Expert witnesses, such as psychologists or specialists in institutional child-protection practices, may be retained. Survivors are usually deposed at some point; their attorney prepares them, attends with them, and can object to improper questions. Protective orders, discussed in the privacy section, can limit how sensitive material is used.

6. Mediation and settlement

Most civil cases resolve before trial, often through mediation (a confidential negotiation led by a neutral third party). Settlement is a decision the survivor makes; an attorney advises, but cannot accept or reject an offer on the survivor's behalf.

7. Trial

If a case does not resolve, it goes to trial, usually before a jury. The plaintiff presents evidence and witnesses, defendants respond, and the jury decides liability and damages. Trials are public proceedings, though the court can take steps to protect a survivor's identity.

How fees generally work

Many civil sexual abuse attorneys work on a contingency basis, meaning the attorney is paid a share of any recovery rather than charging fees upfront, and receives no fee if there is no recovery. Arrangements differ between firms, and California requires contingency agreements to be in writing. Any attorney a survivor speaks with can explain their own fee terms and how case costs are handled before anything is signed. For a broader walk through the litigation stages, see the firm's overview of a California sexual abuse lawsuit.

What Damages Are Available in a California Childhood Sexual Abuse Case

Damages are the money a court can award, or a settlement can provide, to compensate for harm. California law allows a survivor to seek several categories, and which apply depends on the facts and the defendants.

Economic damages

Economic damages compensate for measurable financial losses. In childhood sexual abuse cases these often include:

  • past and future therapy and counseling costs;
  • medical and psychiatric treatment expenses;
  • lost earnings, and reduced future earning capacity where the harm affected education or work; and
  • other out-of-pocket costs connected to the injury.

Future costs are usually supported by expert testimony about the treatment a survivor is likely to need.

Non-economic damages

Non-economic damages compensate for harm that has no receipt attached: emotional distress, pain and suffering, anxiety, humiliation, loss of enjoyment of life, and damage to relationships. In many childhood sexual abuse cases these are the largest part of the claim. California does not place a general statutory cap on non-economic damages in civil cases of this kind, though specialized rules can apply in particular settings, such as some claims involving healthcare providers. Whether any special rule applies is a question for case-specific review.

Treble damages for cover-up

Section 340.1(b) allows a survivor who proves the assault "was as the result of a cover up" to "recover up to treble damages against a defendant who is found to have covered up the sexual assault of a minor, unless prohibited by another law." Treble means up to three times the damages otherwise awarded. The same provision appears in section 340.11(b) for pre-2024 abuse.

Punitive damages

Punitive damages punish a defendant and deter similar conduct. Under Civil Code section 3294, they may be awarded where it is proven "by clear and convincing evidence that the defendant has been guilty of oppression, fraud, or malice." Two features matter in abuse cases:

  • The standard is higher than the ordinary civil standard. Clear and convincing evidence means proof that makes the conclusion highly probable.
  • An employer is not liable for punitive damages based on an employee's acts unless the employer had advance knowledge of the employee's unfitness and employed them "with a conscious disregard of the rights or safety of others," authorized or ratified the conduct, or was itself guilty of oppression, fraud or malice. For a corporate employer, that knowledge or conduct must be on the part of "an officer, director, or managing agent."

California law generally does not permit punitive damages against public entities, so this category is most relevant to individual and private defendants.

Why no figures appear here

Damages in these cases depend on the nature and duration of the harm, its effect on a survivor's life, the evidence of each defendant's conduct, and the defendants involved. Published numbers from other cases say little about any one survivor's situation, and this guide does not offer them. A confidential review is the only reliable way to understand what a particular claim may involve.

Special Circumstances: Government Agencies, Schools, and Public Entities

A common misunderstanding is that every lawsuit against a California government body must start with a government claim filed within six months. For most claims against public entities, that is the general rule. For childhood sexual abuse claims, it often is not, and knowing the difference can change how a survivor understands their options.

The general rule: the Government Claims Act

The Government Claims Act sets a procedure for suing public entities. Government Code section 905 requires that "all claims for money or damages against local public entities" be presented under the Act, subject to a list of exceptions. Section 910 sets out what a claim must contain, including the claimant's name and address, "the date, place and other circumstances of the occurrence," a general description of the injury, the names of the public employees involved if known, and, for claims over $10,000, no dollar amount but an indication of whether it would be a limited civil case. Section 945.4 provides that, where a claim is required, no suit may be brought "until a written claim therefor has been presented to the public entity and has been acted upon by the board, or has been deemed to have been rejected."

For personal injury claims that are subject to the Act, the presentation deadline is generally six months from accrual. Accrual is the date the law treats the claim as having arisen. Where presentation is required, missing that deadline can bar an otherwise valid claim. That is a plain legal consequence, and it is the reason the next point matters so much.

The exemption for childhood sexual abuse claims against local public entities

Government Code section 905(m) exempts claims brought under Code of Civil Procedure section 340.1 from the claim-presentation requirement. Section 340.1(q) states that such a claim is not required to be presented to any government entity before suit. A separate provision of the Government Code prevents a local entity, such as a school district or county, from imposing its own claim procedure in place of the statute.

There is no abuse-date condition on the section 905(m) exemption. An earlier version of the law limited it to more recent conduct; AB 218 removed that limit, and section 905(p) made the change retroactive. In practical terms, a childhood sexual abuse claim against a local public entity, including a public school district, a county child welfare agency or a county juvenile facility, generally proceeds directly to a lawsuit within the deadlines described earlier, without a six-month government claim.

Claims against the State of California

Section 905 governs local public entities, not the State itself. Claims against the State are presented under a different section of the Government Code, which contains no exemption for section 340.1 claims. For a state defendant, the exemption comes instead from section 340.1(q), which reaches conduct on or after January 1, 2024 only. For a claim against a state entity involving earlier conduct, the presentation requirement may still apply, and the claim-process deadlines and relief rules matter.

Whether a particular defendant is a local public entity or part of the State is not always obvious from its name. Some agencies, facilities and educational institutions sit on one side of that line and some on the other. Establishing which kind of entity a defendant is comes first, before any other public-entity question can be answered.

Late-claim relief where presentation is required

When a claim is required and was not presented on time, the Act provides a path for relief. A claimant first applies to the entity for leave to present a late claim. If that is denied, Government Code section 946.6 allows a petition to the Superior Court, filed within six months after the denial. The court "shall relieve the petitioner" if the late application was made within a reasonable time and one of several grounds applies, including:

  • the failure to present the claim was "through mistake, inadvertence, surprise, or excusable neglect," unless the entity shows it would be prejudiced;
  • the injured person "was a minor during all of the time" allowed for presenting the claim; or
  • the person was a minor during part of that time, provided the application is presented within six months of turning 18 or a year after the claim accrues, whichever occurs first.

These rules matter most where presentation is actually required, such as some claims against state entities, or related claims that do not fall under section 340.1.

Damages limits for public defendants

As noted in the damages section, punitive damages are generally unavailable against public entities. Compensatory damages, including economic and non-economic losses, remain available. Where a case involves a public school or agency, confirming the defendant's status early clarifies both the procedural path and what can be recovered.

The Relationship Between Civil and Criminal Cases

Penal Code prosecutions and civil lawsuits can concern the same events and still be entirely independent of each other. Neither one requires the other.

A civil claim stands on its own

A survivor can pursue a civil claim if:

  • no one ever reported the abuse to police;
  • a report was made but the district attorney declined to file charges;
  • charges were filed and later dropped; or
  • the person was tried and acquitted.

An acquittal means the prosecution did not prove guilt beyond a reasonable doubt. It is not a finding that the abuse did not happen, and a civil jury applies the lower preponderance standard.

When a conviction exists

A criminal conviction, or a guilty plea, can be significant evidence in a civil case and may establish certain facts against the person convicted. It is helpful where it exists, but it is never a precondition. Many successful civil claims involve no criminal case at all, and claims against institutions turn on the institution's own conduct, which criminal cases rarely address.

Separate deadlines

Criminal time limits are set by different statutes. Penal Code section 801.1 provides that prosecution for listed felony sex offenses "alleged to have been committed when the victim was under 18 years of age, may be commenced any time prior to the victim's 40th birthday." That rule applies to crimes committed on or after January 1, 2015, or to earlier crimes whose prior limitations period had not yet run on that date. Some offenses have no criminal time limit under other statutes. The criminal age-40 rule and the civil age-40 rule are separate, and one does not control the other.

Reporting is a personal decision

Whether to report to law enforcement belongs to the survivor. A civil attorney can explain how a report might interact with a civil case, but cannot make that decision for anyone, and a civil claim does not require one. Section 801.1(a)(3) also notes that even where a prosecution is time-barred, a prosecuting agency may still provide victim assistance, including support with restorative justice.

Protecting Your Privacy During a Civil Case

Privacy is one of the first concerns survivors raise, and California civil procedure offers several protections. They are not automatic in every respect, but they are well established.

Filing under a pseudonym

California courts permit survivors in sexual abuse cases to file as "John Doe" or "Jane Doe," keeping their legal name out of the public court file. The survivor's identity is disclosed to the defendants as needed to defend the case, but the public record uses the pseudonym. Requests are typically raised at the outset of the case.

Protective orders and sealing

During discovery, sensitive material such as therapy records, medical history and personal identifying information can be exchanged under a protective order, which limits who may see it and how it may be used. Certain records can also be filed under seal, meaning they are kept from the public file, when the court finds the required showing is met. Attorneys routinely seek these protections in abuse cases.

Settlement confidentiality

California law limits settlement terms that prevent disclosure of factual information about sexual assault claims, so a defendant generally cannot require a survivor's silence about the underlying facts as a condition of settlement. At the same time, the law allows the survivor's own identity to be protected at the survivor's request. Terms such as the amount of a settlement may often be kept confidential where both sides agree. The firm's page on confidentiality in abuse claims explains these rules in more detail.

The choice belongs to the survivor

Some survivors want their names kept out of every record; others choose to proceed publicly. Either is legitimate, and the decision is the survivor's to make with counsel. If a defendant seeks to publicize proceedings or contest a pseudonym, counsel can oppose that and ask the court for protective measures.

What stays private from the start

Conversations with an attorney for the purpose of getting legal advice are protected by attorney-client privilege, and this generally applies to a first consultation even if no case is ever filed. Speaking with an attorney does not notify anyone, does not file anything, and does not start a case.

Common Myths and Misconceptions About Childhood Sexual Abuse Civil Claims

Several beliefs keep survivors from finding out whether a claim exists. Each of the following is common, and each is inaccurate as a general statement of California law.

"It happened too long ago to sue."

The delayed discovery rule, explained in the deadline section, means many survivors over 40 may still have a claim against the individual, and in some circumstances against an institution that had notice of the risk. Abuse beginning in 2024 has no time limit at all. How long ago something happened is the starting point of the analysis, not the end of it.

"I need a police report or a conviction."

Civil claims are independent of the criminal system. No report, charge or conviction is required. The civil standard of proof is also lower than the criminal one.

"Only the abuser can be sued."

Schools, religious organizations, youth programs, foster care agencies, healthcare providers and public agencies can all be named where their negligence or intentional conduct was a legal cause of the abuse. In many cases, the institution's conduct is the center of the claim.

"I would have to tell my whole story just to find out."

A first consultation does not require a full narrative. A general time period and type of setting are often enough to explain which deadlines and defendants may be involved. No one has to describe what happened in order to ask a question.

"I cannot afford an attorney."

Civil sexual abuse cases are commonly handled on a contingency basis, so many survivors pay no attorney fees upfront. Fee terms differ from firm to firm and are explained before any agreement is signed.

"Going to court means testifying in public."

Most civil cases resolve before trial. Pseudonymous filing, protective orders and sealing exist to protect privacy throughout, including in cases that do go to trial.

"The deadline ran when the revival window closed."

The AB 218 revival window, described in the deadline section, was only for claims that had already expired. Its closing did not end the ongoing age-40 and five-year discovery rules, which continue under section 340.11 for pre-2024 abuse, and for public-entity defendants the presentation question is narrower than most people assume. The only way to know whether a specific claim is timely is to have the facts reviewed.

California Support Resources for Survivors

Legal help is one kind of support, and it is not a prerequisite to any other. Survivors in California can use any of the following resources whether or not they ever speak with an attorney. Using them does not affect a survivor's legal rights or deadlines.

Confidential support and crisis lines

  • RAINN National Sexual Assault Hotline: 1-800-656-HOPE (4673), and online chat at online.rainn.org. Calls are routed to a local sexual assault service provider.
  • California Coalition Against Sexual Assault (CALCASA): calcasa.org. CALCASA works with rape crisis centers across California, and local centers can provide counseling, advocacy and accompaniment.
  • Local rape crisis centers: Most California counties are served by a rape crisis center affiliated with CALCASA's network. Many serve adult survivors of childhood abuse as well as recent survivors.

State programs

  • California Governor's Office of Emergency Services (Cal OES), Victim Services: caloes.ca.gov. Cal OES funds and administers victim service programs statewide, including rape crisis and child abuse treatment programs.
  • California Victim Compensation Board (CalVCB): victims.ca.gov. CalVCB can reimburse certain crime-related expenses, such as mental health treatment, medical costs and some lost income, for eligible applicants. It is an administrative program, not a lawsuit, and applying does not prevent a survivor from bringing a civil claim. If a civil case later results in a recovery, CalVCB may seek repayment of amounts it paid for the same expenses.

Independent attorney referrals

  • The State Bar of California: calbar.ca.gov. The State Bar certifies lawyer referral services and provides tools for checking any California attorney's license status and discipline history. Survivors who want a referral independent of any particular firm can start there.

What to Look for When Choosing a California Childhood Sexual Abuse Attorney

Choosing whether to work with an attorney, and which one, is a separate decision from whether to pursue a claim. Survivors often speak with more than one attorney before deciding, and that is ordinary. The following are factors many survivors consider.

Civil sexual abuse experience

Childhood sexual abuse litigation has its own statutes, deadlines and patterns of institutional defense. An attorney's familiarity with sections 340.1 and 340.11, the changes made by AB 218 and AB 452, and the way the Government Claims Act does and does not apply to these claims affects how a case is evaluated from the first conversation. General personal injury experience is not the same thing.

How the attorney handles privacy and pace

A survivor-centered attorney does not press for details before a survivor is ready, explains what information is actually needed at each stage, and raises pseudonymous filing and protective orders without being asked. Survivors can reasonably expect to control how much they share and when.

Clear communication about fees

A survivor can ask any attorney to explain their fee arrangement plainly, including whether they work on contingency, how case costs are handled, and what happens to costs if there is no recovery. Those terms should be in writing.

Plain language and responsiveness

The way an attorney explains things in the first conversation is often a fair preview of the whole relationship. Clear answers, no unexplained jargon and timely responses matter over a case that may last a considerable time.

Questions a survivor might ask

  • How many civil childhood sexual abuse cases have you handled?
  • How do you protect client privacy, from intake through trial?
  • What is your fee structure, and how are case costs handled?
  • Who will I communicate with day to day?
  • How will you determine which deadline applies and whether any defendant is a public entity?

Where Justice for Survivors fits

Justice for Survivors works with survivors who want a private, deliberate approach: careful review of the law and the facts, and decisions made at the survivor's pace. A survivor looking for high-volume, advertising-driven representation may be better served elsewhere. The firm also does not handle criminal defense or matters outside California. Nothing in this guide is meant to steer any reader toward or away from a claim; it is here so the choice can be an informed one.

  • The firm's overview of a California sexual abuse lawyer's role in civil claims
  • Institutional liability for schools, religious organizations and youth programs
  • How the Government Claims Act applies, and does not apply, to abuse claims
  • Evidence and records in childhood sexual abuse cases

If You Would Like to Ask a Question, Privately

A survivor of childhood sexual abuse in California may have the right to pursue a civil claim, against the person responsible and, in many cases, against the school, organization or agency whose failures allowed it to happen. A civil claim allows a survivor to seek compensation for the harm done, including emotional harm, the cost of therapy and medical care, lost income and other damages the law allows, along with the measure of justice a claim may be able to provide. Options may exist even when the abuse happened many years ago, because California extended its deadlines, created a delayed discovery rule, and removed the time limit entirely for abuse beginning in 2024.

A confidential case review looks at which deadline applies, who may be responsible, whether any defendant is a public entity, and what a claim could involve. It is free, it carries no obligation, and nothing needs to be organized or decided first. No one has to describe what happened in order to ask, and contact can be made by whichever channel feels safest. When and if a survivor is ready, Justice for Survivors can be reached at (866) 694-1630 to request a confidential case review.

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Common questions

Frequently asked questions

What is AB 218, and does it still matter?

AB 218 is the 2019 law that raised California's childhood sexual abuse deadline from age 26 to age 40, extended the discovery period from three years to five, and added treble damages for cover-ups. Its three-year revival window for already-expired claims has since closed. The age-40 and five-year discovery rules it created still govern abuse that occurred before 2024.

Can a civil claim be filed even if no criminal charges were brought?

Yes. A civil claim is legally independent of any criminal case and requires no report, charge or conviction. The civil standard is preponderance of the evidence, which is lower than the criminal standard, so a civil case can proceed even where a prosecutor declined to file, charges were dropped, or the accused was acquitted.

How long is there to file a childhood sexual abuse lawsuit in California?

It depends on when the abuse happened. For abuse on or after January 1, 2024, there is no time limit. For abuse before 2024, the deadline is generally age 40 or five years from discovering that an adult psychological injury was caused by the abuse, whichever is later, with an added notice condition for claims against institutions after age 40.

Can a school, church or organization be sued, not just the individual?

Yes. California law allows claims against any person or entity that owed a duty of care and whose wrongful, negligent or intentional act was a legal cause of the abuse. That can include schools, religious organizations, youth programs, foster care agencies and public agencies, under theories such as negligent hiring, supervision and retention.

Does the deadline work differently if the defendant is a school district or public agency?

For a local public entity, such as a public school district or county agency, a childhood sexual abuse claim under section 340.1 does not have to be presented as a government claim first, and the ordinary civil deadlines apply. Claims against the State are treated differently: the exemption reaches only conduct on or after January 1, 2024. Determining whether a defendant is a local entity or part of the State is the first step.

What if the connection to the abuse only became clear recently?

That situation is what the delayed discovery rule in section 340.11 addresses for abuse before 2024, as explained in the deadline section above. It can allow a claim even well after age 40. Whether the rule applies is a fact-specific legal question.

Does filing a civil lawsuit mean testifying in public?

Usually not. Most civil cases resolve before trial, and survivors can file under a pseudonym such as Jane Doe or John Doe. Courts can also issue protective orders and seal sensitive records, and those protections remain available in cases that go to trial.

What does it cost to hire a childhood sexual abuse attorney?

Many attorneys handle these cases on contingency, meaning fees are paid from any recovery rather than upfront. Court filing fees are set by the court, and case costs vary with the number of defendants and whether the case settles. Each firm's terms differ and should be explained in writing before anything is signed.

What is the California Victim Compensation Board?

CalVCB is a state program that can reimburse certain crime-related expenses, such as mental health treatment, medical costs and some lost income, for eligible applicants. It is separate from a civil lawsuit and does not prevent a survivor from pursuing one. Information is at victims.ca.gov.

Is a full account needed just to find out whether a claim exists?

No. A first consultation is confidential, and a general time period and type of setting are often enough to explain the deadlines and possible defendants. A survivor shares only what they choose to share, and the attorney's role at that stage is to provide legal information.

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. § 340.1
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  • Cal. Code Civ. Proc. § 340.11
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  • AB 218 (Stats. 2019)
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  • Cal. Gov. Code § 905
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  • Cal. Gov. Code § 910
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  • Cal. Gov. Code § 945.4
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  • Cal. Gov. Code § 946.6
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  • Cal. Civ. Code § 3294
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  • Cal. Pen. Code § 801.1
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Last reviewed October 9, 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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