Yes, a survivor of sexual abuse in San Bernardino can bring a civil claim for money damages, even without a police report or criminal charges. California's deadlines depend on when the abuse happened: for childhood abuse on or after 1 January 2024 there is no time limit, and older claims generally run until age 40. Cases are filed in San Bernardino County Superior Court.
Someone reading this may be researching quietly and may not yet know whether what happened connects to a legal claim. That is a common place to start. A civil claim can be brought against the person who caused the harm and, often, against an institution that failed to prevent it. Survivors of childhood abuse and of adult assault can both ask questions, and nothing on this page requires describing what happened.
What a Civil Sexual Abuse Claim Can Do That a Criminal Case Cannot
In a criminal case, the San Bernardino County District Attorney decides whether to file charges, controls the prosecution, and seeks punishment. The survivor is a witness, not a party. In a civil case, the survivor is the plaintiff (the person who brings the lawsuit) and makes the key decisions, including whether to settle.
A criminal conviction requires proof beyond a reasonable doubt. A civil claim is decided by a preponderance of the evidence, meaning more likely than not. That is why a civil claim can go forward even when no charges were filed or a criminal case was closed.
A civil judgment or settlement can compensate the survivor, and it can reach further than the individual perpetrator. Schools, churches, youth sports programs, employers and care facilities can be named as defendants where they had a duty to protect the survivor and failed through negligent hiring, supervision or retention, or by ignoring warning signs. More detail is in our guide to civil vs. criminal sexual abuse cases.
California's Statute of Limitations and the AB 218 Lookback Window
California's deadlines for childhood sexual abuse are longer than many people expect, and they depend on when the abuse happened.
Abuse on or before 31 December 2023. Under Code of Civil Procedure § 340.1, as it read on 31 December 2023, a survivor generally has until age 40, or five years from discovering that a psychological injury was caused by the abuse, whichever is later. "Discovery" means the point at which a survivor recognizes the connection between the abuse and the harm. Survivors filing at age 40 or older must also file certificates of merit, which are statements from the attorney and from a licensed mental health practitioner who has not treated the survivor.
Abuse on or after 1 January 2024. For abuse in this period, California law sets no time limit at all. A 2023 amendment (AB 452) made that change for new abuse only. It did not revive older claims.
The AB 218 lookback window. AB 218, signed in 2019, opened a three-year window that revived childhood abuse claims that had already expired. That window closed on 31 December 2022 and is not open for new filings. AB 218 also changed the age limit from 26 to 40.
Abuse that happened in adulthood. Different rules apply. California currently has a revival window, open through 31 December 2026, for otherwise time-barred claims of sexual assault that occurred on or after 1 January 2009, when the survivor was an adult. It does not apply to a claim already litigated to a final result or settled in writing before 1 January 2023. A separate window running 1 January 2026 through 31 December 2027 revives certain adult claims against private entities; it is not available against public entities.
Public school districts and other local agencies. A childhood abuse claim against a local public entity, such as a school district, does not have to be presented to that entity as a government claim before suit is filed, whenever the abuse occurred. Claims against the State of California follow separate rules.
Which rule applies is fact-specific. The statutory text is available on the California Legislature's site and through the California Courts self-help resources. A broader overview appears in our page on California sexual abuse claims.
Types of Sexual Abuse Cases Handled in San Bernardino County
- Childhood sexual abuse by a family member, family acquaintance, neighbor, coach, tutor or other community member.
- Institutional abuse in public or private schools, churches and religious organizations, youth sports programs, foster care placements, or juvenile detention facilities.
- Clergy abuse, usually brought against both the individual and the organization that supervised them.
- Elder and dependent adult sexual abuse in care facilities. Welfare and Institutions Code § 15610.63 defines "physical abuse" of an elder or dependent adult. Sexual assault is one category within that definition, under subdivision (e), and includes sexual battery, rape, and other offenses under the Penal Code.
- Adult sexual assault by someone in a position of trust, such as a medical provider, therapist or landlord.
Workplace sexual harassment falls under California's Fair Employment and Housing Act, Government Code § 12940 et seq., which is outside the focus of this page.
Cases arise in San Bernardino itself and in cities including Ontario, Fontana, Rancho Cucamonga, Rialto, Colton, Redlands and Victorville, as well as the High Desert communities.