Protecting the Rights of Children and Sexual Assault Survivors

Since 2002, the California Legislature has enacted important legal changes to give victims who were sexually abused within California’s public school system and other facilities the ability to fight back against the epidemic of childhood sexual abuse (CSA) in our state. Consumer attorneys who represent CSA victims play an important role in bringing justice and healing to victims, while at the same time enacting institutional change that will protect future students from these despicable crimes. 

With the enactment of AB 218 (Gonzalez, Chap. 861, Stats. 2019) and its three-year revival window, some school districts have raised concerns about the cost of defending against AB 218 cases. Importantly, the revival window for AB 218 cases closed in mid-2023, and the look-back cases that were filed during the revival window have started to be adjudicated as of 2020, with most remaining cases nearing resolution in the next year or two. Childhood sexual abuse cases against school districts and other public entities are complex, hard-fought, and require a deep understanding of an intricate and ever-changing body of law. First, Code of Civil Procedure (C.C.P.) Section 340.11 governs the statute of limitations applicable to all actions “for recovery of damages suffered as a result of childhood sexual assault” that occurred prior to 2024, including those against public school districts and their employees. At the beginning of 2020, with the enactment of AB 218 (Gonzalez), the California State Legislature amended C.C.P. Section 340.11 to lengthen the statute of limitations for child sexual abuse cases, as well as to temporarily revive claims that were previously time-barred.

Typically, statutes of limitation (SOLs) reflect the reality that, over time, evidence is lost or destroyed and witnesses’ memories fade. However, when it comes to childhood sexual abuse, victims often delay coming forward for a variety of reasons, including threats from their abusers or powerful institutions, shame, confusion, lack of trust, fear, or some combination thereof.

Nationwide, at least 15 states and two United States territories have already eliminated SOLs for civil actions alleging sexual assault of a child, and 33 states (including California) have had revival windows open for these victims. Revival laws serve three compelling purposes: (1) they help identify hidden child predators and institutions that endanger children to the public, shielding other children from future abuse; (2) they shift the cost of the abuse from the victims and taxpayers to those who caused it; and (3) they educate the public about the prevalence, signs, and impact of child sex abuse so that it can be prevented in the future.