How To File A Sex Assault Lawsuit In California
Contributor
Reviewed By Adam Ramirez, J.D.
Editor
Summary
- If you’ve survived a sexual assault in California, you may file a lawsuit
- This civil process is separate from any criminal charges
- Victims can recover compensation for medical costs and other losses
There’s no way to undo the harm of a sexual assault. However, taking steps to hold a perpetrator accountable can become an important part of the healing process. Some survivors believe they can only get justice if the perpetrator is charged with a crime and convicted, but there’s another way: filing a lawsuit.
This path may not be right for everyone, but if you’ve survived a sexual assault in California and are unsure of what to do next, it may be worth considering. Here’s what you need to know.
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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. California’s statute of limitations on sexual assault lawsuits is one of the longest in the country. 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.
Exceptions That May Extend the Deadline in California
There are a few situations where you may have longer to file. Most significantly, California’s Assembly Bill 2777 established a three-year “lookback period” where survivors of sexual assault may 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.
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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.
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.
ConsumerShield can help you find the right attorney for you. Fill out our contact form to start getting matched with nearby lawyers today.
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Frequently Asked Questions
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In most cases, lawyers who represent sexual assault survivors in civil lawsuits work on contingency. This means you agree to pay them a percentage of your compensation if you win your case. If you don’t win, you pay nothing.
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Because sexual assault settlement amounts are highly individualized, the best way to know what you could receive is to talk to an attorney.
