Current Civil SOL
Up to Age 26
1. Cal Code Civ Proc 340.1 (a) (In an action for recovery of damages suffered as a result of childhood sexual abuse, the time for commencement of the action shall be within eight years of the date the plaintiff attains the age of majority or within three years of the date the plaintiff discovers or reasonably should have discovered that psychological injury or illness occurring after the age of majority was caused by the sexual abuse, whichever period expires later, for any of the following actions: (1) An action against any person for committing an act of childhood sexual abuse. (2) An action for liability against any person or entity who owed a duty of care to the plaintiff, where a wrongful or negligent act by that person or entity was a legal cause of the childhood sexual abuse which resulted in the injury to the plaintiff. (3) An action for liability against any person or entity where an intentional act by that person or entity was a legal cause of the childhood sexual abuse which resulted in the injury to the plaintiff.)
Minority Tolling: Yes
Cal Code Civ Proc 340.1(a) (the date plaintiff attain majority).
Discovery Tolling: Yes (liberal)
a. Cal. Civ. Proc. Code 340.1(a) (the date the plaintiff discovers or reasonably should have discovered that psychological injury or illness occurring after the age of majority was caused by the sexual abuse);
Current Criminal Law
SOL Bill SB 926 (Criminal Extension)
September 30, 2014: SIGNED by Governor Jerry Brown
|Up to Age 28 for felony sexual offenses against a child
Delayed Statute Of Limitations For Most Sex Crimes Against Victims Less Than 16: Until victim is 28 years old. Ca. Penal Code § 801.1 allows prosecutions for a number of felony sex crimes committed against victims younger than 18 to be brought any time before the victim’s 28th birthday. Felony sex crimes are sodomy, oral copulation, and sexual penetration of victims less than 16, §§ 286, 288a, 288.7, and performing lewd or lascivious acts against a child under the age of 14, § 288.
Reporting Window: 1 Year: After the above Statute of Limitations has expired, prosecutions for a sexual crime committed against a victim younger than 18 may be brought within 1 year of the date a report is filed with a state law enforcement agency. Ca. Penal Code § 803(f). In this case, the allegations must be corroborated by admissible, independent evidence other than the victim’s own testimony. Id.
Testimony & Constitutional Analysis
- The Constitutionality of S.B. 131, An Act Relating to Damages: childhood sexual abuse:
statute of limitations: The bishops are fond of saying SB131 is unconstitutional. That is untrue, and here is my analysis.
- March 4th, 2013 Testimony by Professor and Legal Scholar Marci Hamilton, RE: Senate Bill 131, An act to amend Section 340.1 of the Code of Civil Procedure, relating to damages (introduced January 24, 2013)
- APA_Amicus_Brief_in_Stogner (2003) – Amicus brief of the American Psychiatric Association in the U.S. Supreme court case of Stogner v. California. The brief contains a lengthy list of scientific studies on the impact of sexual abuse and the difficulties survivors face coming forward. This was the case that dealt with California’s efforts to revive previously time barred criminal cases back in 2002. Ultimately, the U.S. Supreme Court held that effort to be unconstitutional.
State Outreach Organizations
Jeffrey R. Dion
Deputy Executive Director
National Center for Victims of Crime
An affiliate of the National Center for Victims of Crime
Survivors Network of those Abused by Priests: California
Contact CA Representatives
Step #1: Find your 9-Digit Zip Code
Step #2: Search By 9-Digit Zip Code to find contact information for your elected representative:
Vote Smart – Search Candidates, Elections and Officials