SOL vs. perp: Up to Age 26 (majority + 8 years)
SOL vs. employer: Up to Age 26 (majority + 8 years)
SOL: 1 year revival from 2003-2004; + 8 years from majority or + 3 years from liberal discovery
- 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.”)
Majority, yes. Cal Code Civ Proc § 340.1(a) (…the date plaintiff attain majority).
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”);
Criminal SOL Removed in 2014
2014 Enacted Legislation:
- CA Senate Bill S.B. 926 (eliminating criminal SOL)
2014 Vetoed Legislation:
- CA Senate Bill S.B. 924 (extending civil SOL) (Gov. Jerry Brown)
Testimony & Constitutional 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.
Emma Gray, Gloria Allred Suggests Bill Cosby Waive Statute Of Limitations As Two More Women Step Forward, Huffington Posthttp://www.huffingtonpost.com/2014/12/03/gloria-allred-bill-cosby-helen-hayes-chelan_n_6264832.html1OctHow much more will he do for institutions that harbor pedophiles?
- 30AugPlease start drafting your letters to the Governor.29Jun
Why Survivor Lawsuits Will Shift the Astronomical Costs of Childhood Sexual Abuse from The Public Back Onto Those Responsible For The Abuse (Kenton Stanhope)PUBLIC CURRENTLY FOOTING THE BILL FOR CHILDHOOD SEXUAL ABUSE Why Survivor Lawsuits Will Shift the Astronomical Costs of Childhood Sexual Abuse from The Public Back Onto Those Responsible For The Abuse Introduction The maltreatment of...
- 31MayCA residents-- SOL reform can happen w your help! Please sign the petition and if your case was blocked by an expired SOL, tell your story on Facebook.27May
SB 926, extending the California criminal SOLs, passed out of the Senate Floor with a unanimous vote and now moves to the Assembly.SB 926, Crimes: statute of limitation: felony sex crimes passed out of the Senate Floor with a unanimous vote and now moves to the Assembly. Contact your California representative Bill extends time for sex abuse...
- 21MayAnother senseless and arbitrary deadline endangering children22AprNo one listened--only HI window made justice possible
- 17AprUPDATED: A lawsuit filed Wednesday in Hawaii Federal Court alleges that Singer raped the boy, used other force and forced him to inhale cocaine. Singer’s lawyer calls the suit “absurd and defamatory.” Bryan Singer, director,...4MarUpdate: February 27, 2014 – Consideration of Governor’s veto stricken from file.
- 19FebImagine what the other bishops in states where there was no window or SOL reform have hiding in their files!5FebOf course she is raising SOL! Typical defense on technicality in child sex abuse cases....
- 5FebMore on CA SOL Reform!4FebLAT had wool pulled over their eyes Should have read the brief: 1. RFRA did not pass unanimously. It was unanimous consent. Fn xx 2. RFRA does not impose a prior standard but rather makes one up out of whole cloth Pg. xx (Where we Cite croson) 3. Congress does not have the power to overrule the Supreme Court or to give benefits solely to religious actors. Let's have this debate based on facts rather than the religious lobbyists' talking points.
- 1FebFor Immediate Release: Jan. 29, 2014 Contact: Rodney Foo, (408) 558-1295 REFORMING THE STATUTE OF LIMITATIONS TO HELP VICTIMS OF CHILD SEX ABUSE Beall Calls for Giving Victims More Time to Seek Prosecution or File a...28JanSecond try for bill to extend deadlines for sex abuse lawsuits A three-page veto message from Gov. Jerry Brown isn’t stopping Sen. Jim Beall from his effort to allow victims of molestation more time to...
- 21JanEx-student calls teacher over alleged sex abuse, posts talk on YouTube1DecView Professor Hamilton’s Justia column on Gov. Brown’s veto statement: http://verdict.justia.com/2013/10/17/gov-jerry-browns-recent-veto-child-abuse-legislation-tells-us-civil-rights-movement-children#sthash.q5Xya4kV.dpuf For Roger Mahony, clergy abuse cases were a threat to agenda http://graphics.latimes.com/mahony/ Cardinal Mahony A threat to the agenda | Scandal erupts | About this story Cardinal Roger Mahony walks...
- 17OctGov. Jerry Brown’s Recent Veto of Child Abuse Legislation and What It Tells Us About the Civil Rights Movement for Children No civil rights movement worth pursuing happens overnight or easily, because it is always...16Oct
Bishop says victims’ access to justice is unfair. Definition of narcissism! (http://www.patheos.com/)Calif. governor vetoes ‘unfair’ abuse lawsuit bill Los Angeles, Calif., Oct 15, 2013 / 04:56 am (CNA/EWTN News).- California Gov. Jerry Brown has vetoed a controversial bill that would have allowed more decades-old sexual abuse...
- 13OctInvoking a legal tradition of “fairness” dating back to Roman law, Gov. Jerry Brown on Saturday vetoed legislation that would have extended the statute of limitations for some sex abuse victims. PHOTO GALLERY: Track key bills. See...13OctSB_131_2013_Veto_Message
- 13OctGov Brown vetoing new CA window. Time to focus on states where no window has ever been passed. Let’s all rally to get window in NJ, MA, NY and PA!!!18SepJohn Hrabe Investigative Journalist $250k Spent to Block Sexual Abuse Bill in California Posted: 09/17/2013 3:47 pm You’d think that a bill to give victims of childhood sexual abuse more time to file a lawsuit...
- 10SepFrom the Catholic News Agency: Calif. advances abuse bill that could bankrupt Catholic dioceses Los Angeles, Calif., Sep 10, 2013 / 04:02 am (CNA/EWTN News).- A California sex abuse bill that has been described as...9SepBill opening window for sex-abuse suits passes The Associated Press Published: Sunday, Sep. 8, 2013 – 2:56 pm Last Modified: Sunday, Sep. 8, 2013 – 4:09 pm SACRAMENTO, Calif. — State legislators have sent Gov. Jerry...
- 6SepCA window clears Senate! Contact Gov Jerry Brown to sign it!6SepFinal Vote: SB 131 goes to Senate for concurrence of amendments as early as today, September 6th: SB 131, the Child Victims Act in CA, is the bill that, if passed, will allow me to...
- 5SepChurch opposes bill allowing sex abuse victims time to sue Is the state of California waging a war against the Catholic church? Some say yes, and others say for good reason.5SepSACRAMENTO, CA – Is the state of California waging a war against the Catholic church? Some say yes, and others say for good reason. “There’s no war on anybody,” Sen. Jim Beall, D-San Jose, said....
- 4SepBILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 131| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- UNFINISHED...27AugBill would exempt statue of limitations on some sexual abuse suits BY DAVID OLSON August 20, 2013; 06:28 PM David Nickell said the repeated sexual abuse he suffered at the hands of a Catholic priest in 1980 still haunts...
- 27AugSep. 6 Last day to amend bills on the floor (J.R. 61(a)(13)). Sep. 3-13 Floor Session Only. No Committees, other than conference committees and Rules committee, may meet for any purpose (J.R. 61(a)(12)). Sep. 13 Last...22Aug
Contact CA Assembly members today! Vote FOR SB131. Protect CA’s kids and give victims access to justice!URGENT ACTION ON CA SB 131: Passed Appropriations 12-4. With amendment, the final vote in general Assembly may be on Monday! Otherwise, the vote may be Thursday, and the bill will return to Senate. 41...
- 21AugCA Window scales another hurdle!! On to the Assembly Floor! Check http://sol-reform.com/California for up to date information on SB 131. Assembly panel passes bill on sex-abuse lawsuits By LAURA OLSON Associated Press Published: Wednesday, Aug. 21,...16Aug
California SB131 has been rescheduled for reconsideration by the Assembly Appropriations Committee next Tuesday, August 20th.Lobbyists against access to justice for child sex abuse victims are making a deal with the devil: “If the bill loses, the molester protectors win,” Beall said after it failed 6-4 along party lines in...
Vote in CA on window on Tues. CA residents– contact your elected reps and tell them to protect the children, not the bishops“They know they don’t have to keep their victims quiet forever, just long enough to run out the clock” As has been previously discussed, one of the major issues regarding childhood sexual abuse and justice...9AugDebunking The Catholic Church Latest Myth Posted on Aug 8, 2013 2:32pm PDT Why Survivor Lawsuits Have No Connection To Catholic School Closures Introduction In its most recent attempt to deny survivors of childhood sexual...
- 8AugThe California Catholic Bishops Fight Access to Justice for Child Sex Abuse Victims Professor Marci A. Hamilton, August 8, 2013 At the end of July, Los Angeles Roman Catholic Archbishop Jose Gomez sent the following...7AugSOL propaganda from CA bishops. Here is the truth– Misguided Arguments and 5 myths:
The Constitutionality of S.B. 131, An Act Relating to Damages: childhood sexual abuse: statute of limitationsTO: The Members of the California Legislature RE: The Constitutionality of S.B. 131, An Act Relating to Damages: childhood sexual abuse: statute of limitations DATE: August 2, 2013 By way of introduction, my name...31JulPope Francis made two statements of historic proportion Monday. He said of gays: “If they accept the Lord and have good will, who am I to judge them? They shouldn’t be marginalized. The tendency (to...
- 27JulProfessor Bainbridge (view article) has failed to deal with any of the arguments in favor of a window. Here is the analysis in support of SB 131: http://sol-reform.com/California/HamiltonCASB131testimony3413.pdf17JulSARAH PARVINI The Associated Press July 17, 2013 6:37 AM LOS ANGELES (AP) – Tony Quarry suppressed his memories of being abused by a Roman Catholic priest for nearly 30 years and decided to sue...
- 16JulCatholic Church lobbies to avert sex abuse lawsuits SB 131 would give some victims of sexual abuse more time to file suit against employers. But church officials argue the bill opens it up to suits...11Jun“This is it! SB 131, the Child Victims Act in CA, will receive its hearing in the Assembly Judiciary Committee on June 18th. Please help pass this bill to bring justice to me and other survivors...
Actually, largest category of abusers covered are incest perpetrators. Why would WSJ take their side?Sacramento’s Nonprofit Shakedown CALIFORNIA The Wall Street Journal REVIEW & OUTLOOK May 30, 2013 Democrats and the tort bar target the Catholic Church. Democrats have a supermajority in the California legislature, and one fear is...30MaySB 131, the Child Victims Act in CA, passed the Senate yesterday with a 21 to 10 vote, and will now be heard by the Assembly. The Catholic Church in CA is currently lobbying heavily...
- 29MayA Superior Court judge on Tuesday set September 10 as the deadline for Catholic religious orders to release confidential personnel files of members who were accused of sexually abusing children. The files are related to lawsuits that have...24MayThe CA Senate Appropriations Committee passed SB 131, the Child Victims Act, on Wednesday. (5-1)
State Outreach Organizations
Jeffrey R. Dion
Deputy Executive Director
National Center for Victims of Crime
National Crime Victim Bar Association
2000 M ST, NW Ste 480
Washington, DC 20036
An affiliate of the National Center for Victims of Crime
Survivors Network of those Abused by Priests: California