How To File A Sex Assault Lawsuit In California

Statute of Limitations to File Sexual Assault Lawsuits in California

If you’ve just experienced rape or another kind of sexual assault, your first thought probably isn’t filing a lawsuit. Although California’s statute of limitations on sexual assault lawsuits is one of the longest in the country, it’s important to act as quickly as you can. But how much time does the statute of limitations actually offer?

If you were sexually abused or assaulted as an adult, you must file a lawsuit by the later of these two:

• Within 10 years of the assault
• Within three years of discovering that an injury was caused by sexual assault

Even though you have time to file a lawsuit, it’s best to get in touch with a lawyer relatively soon after a sexual assault. The sooner your attorney can start investigating, the easier it will be to gather evidence.

This is because waiting too long can mean not having access to witnesses, and even if you can find people to testify, they might not remember what happened as clearly as necessary. As difficult as it is to even consider beginning legal action right after the assault occurs, it’s an important step to take to protect your rights.

Exceptions That May Extend the Deadline in California

There are a few situations where you may have longer to file. Most significantly, California filed Assembly Bill 2777, which established a three-year “lookback period.” This allows survivors of sexual assault to pursue legal action for assaults that happened more than 10 years ago. The period expires at the end of 2026.

California will also usually extend the statute of limitations for those who were under 18 at the time of the assault. Those who were under 18 generally have until their 40th birthday to file a lawsuit. For childhood sexual abuse that happened in 2024 or later, there is no statute of limitations.

There are also instances when the statute of limitations can be tolled, or halted. If, for example, the perpetrator leaves the state before you can file a claim, the clock would stop until they return to California.

What Allegations Go Into a Sexual Assault Civil Lawsuit?

A civil lawsuit generally must include your allegations of misconduct. Before filing, your lawyer will likely investigate your case and gather supporting evidence.

Doing so involves proving that you engaged in sexual activity against your will or that you were not able to grant consent. The latter occurs if you were incapacitated or if you were under the legal age of consent. In California, the age of consent is 18. There are no “Romeo and Juliet” laws in the state, so there aren’t exceptions to statutory rape.

How a Lawyer Can Help Survivors in California

If you’ve survived a sexual assault, a California personal injury lawyer can be a valuable resource. Your lawyer can evaluate your case and help you decide whether your next step should be legal action. And if they take your case, they’ll be with you every step of the way.

For example, your lawyer can secure valuable testimonies from expert witnesses. These witnesses can support your case in key ways, such as by speaking about how sexual assault can impact survivors’ physical and psychological health. This can give you a better chance of getting the compensation you deserve.

It’s not always easy to know which parties could be liable in a sexual assault case. It may not be just the perpetrator. If the assault happened at school or church, for instance, the institution could be liable because it didn’t offer the level of reasonable safety that you needed.

With an attorney, you can also get a better sense of the full damages that you may be entitled to. Economic damages can be simpler to calculate because they come with price tags, but non-economic ones, such as pain and suffering, can be highly complex to put a number to. Your attorney will be able to estimate these losses accurately.

Once these calculations are done, negotiations will begin. With an attorney, you don’t have to go through this contentious process alone. Your lawyer can advocate for you at every step, fighting for fair compensation while you focus on healing.

ConsumerShield can help you find the right attorney for you. Fill out our contact form to start getting matched with nearby lawyers today.