Yes. A survivor of sexual abuse or assault in Simi Valley can file a civil lawsuit, separate from any criminal case, against the abuser and any institution that failed to protect them. The case is filed in Ventura County Superior Court at the Hall of Justice in Ventura, and California's filing deadlines are longer than many people expect.
Civil Claims for Sexual Abuse Survivors in Simi Valley
A criminal case is brought by the District Attorney, who decides whether to charge someone. A civil claim is brought by the survivor, who decides whether to file, whom to name and whether to settle. California law states plainly that no criminal prosecution or conviction is needed for a civil sexual assault claim to go forward.
The defendants (the people or organizations being sued) can include:
- the individual who committed the abuse;
- an institution that employed, supervised or gave that person access, such as a school, church, youth organization or healthcare provider; and
- in some cases, an employer.
Many survivors do not connect what happened to them with a legal claim until years later. The law anticipates that.
California's Statute of Limitations for Sexual Abuse Civil Claims
A statute of limitations is the legal deadline for filing a lawsuit. Which deadline applies depends on how old the survivor was and, for childhood abuse, when the abuse happened. For a broader walk-through, see this guide to considering a California civil claim.
Abuse that happened before age 18
These claims are governed by Code of Civil Procedure § 340.1.
- For abuse that occurred on or after January 1, 2024, there is no time limit to file.
- For abuse that occurred on or before December 31, 2023, the claim follows the rule that was in place at the end of 2023: generally, until the survivor's 40th birthday, or within five years of discovering that an injury was caused by the abuse, whichever is later.
A survivor who files at age 40 or older must also file certificates of merit, which are sworn statements from the attorney and a licensed mental health practitioner. This is a procedural step handled by counsel, not a test of anyone's credibility.
AB 218, passed in 2019, opened a three-year revival window for older childhood claims. That window closed on December 31, 2022, and the 2024 no-time-limit rule did not reopen claims that were already barred.
Assault that happened at 18 or older
Under Code of Civil Procedure § 340.16, an adult survivor generally has until the later of 10 years from the last act of assault, or three years from when the survivor discovered, or reasonably should have discovered, that an injury resulted from it.
Section 340.16(b)(3) also revives otherwise time-barred adult claims based on conduct on or after January 1, 2009. Those claims may be filed until December 31, 2026. The revival does not apply to a claim already litigated to finality, or settled in writing, before January 1, 2023.
A separate revival window, running January 1, 2026 to December 31, 2027, applies to certain adult claims against private entities involved in a cover-up. That window does not reach public entities.
Claims against public entities
Where the defendant is a local public entity, such as a public school district, a childhood sexual abuse claim under § 340.1 generally does not have to be presented to that entity before a lawsuit is filed. Claims against the State follow different rules.
Because these rules turn on dates and defendant type, a survivor who assumes it is too late may find, on review, that it is not.
What Compensation a Civil Claim Can Seek
The law describes damages (money awarded for harm) in a few categories. The amount in any category varies with the facts of each case.
Economic damages cover measurable losses: past and future therapy and counseling, medical care, and lost earnings or reduced ability to earn over a lifetime.
Non-economic damages cover emotional distress, pain and suffering, and loss of enjoyment of life. In abuse cases these are often the most significant part of a claim.
Punitive damages are a separate award meant to punish. Under Civil Code § 3294, a survivor must prove by clear and convincing evidence that the defendant acted with malice, oppression or fraud. For an employer to owe punitive damages for an employee's acts, the employer must generally have known in advance that the person was unfit and kept them on with conscious disregard for others' safety, or authorized or ratified the conduct. In childhood sexual assault cases, § 340.1 also allows up to treble damages against a defendant proven to have covered up the abuse, meaning a concerted effort to hide evidence.