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.)


Tolling

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

Final SB 926 Bill Text (signed September 30, 2014)

Up to Age 28 for felony sexual offenses against a child
  • Tolling: No  –  Exceptions: Yes

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.

Pending Bills

September 30, 2014: Civil SOL Extension VETOED by Governor Jerry Brown

Leading Cases

  • 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

Contact:

Jeffrey R. Dion
Deputy Executive Director
National Center for Victims of Crime

Director
National Crime Victim Bar Association
2000 M ST, NW Ste 480
Washington, DC 20036
(202) 467-8717
www.victimbar.org

An affiliate of the National Center for Victims of Crime
www.VictimsOfCrime.org
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: