SOL vs. perp, employer: (Discovery + 3 years) or Age 26
Majority Tolling: √
Discovery Tolling: √ – Liberal

SOL: 1 year revival from 2003-2004; + 8 years from majority or + 3 years from liberal discovery

  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.”)

MAJORITY TOLLING

Majority, yes. Cal Code Civ Proc § 340.1(a) (…the date plaintiff attain majority).

DISCOVERY TOLLING

Yes, liberal.

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”)


Crimes after January 2015: Up to Age 40
Crimes before January 2015: Up to Age 28

Victim’s 40th Birthday for most felonies, as of Jan. 1, 2015. Cal Penal Code. § 801.1(a)(1)

Cal Penal Code. § 801.1 (a) (1) (“Notwithstanding any other limitation of time described in this chapter, prosecution for a felony offense described in Section 261, 286, 288, 288.5, 288a, or 289, or Section 289.5, as enacted by Chapter 293 of the Statutes of 1991 relating to penetration by an unknown object, that is alleged to have been committed when the victim was under 18 years of age, may be commenced any time prior to the victim’s 40th birthday.”)

·         APPLICABILITY – Cal Penal Code. § 801.1(a)(2)(“Paragraph (1) shall only apply to crimes that were committed on or after January 1, 2015, or for which the statute of limitations that was in effect prior to January 1, 2015, has not run as of January 1, 2015.”

·         Other crimes – 10 years. Cal Penal Code. § 801.1 (b)(“ Notwithstanding any other limitation of time described in this chapter, if subdivision (a) does not apply, prosecution for a felony offense described in subdivision (c) of Section 290 shall be commenced within 10 years after commission of the offense.”)

·         Previous SOL – Until Victim Turns 28 for felony sexual offenses. (formerly located in same spot in code)

o   Replaced by – 2014 Cal SB 926, 2014 Cal ALS 921, 2014 Cal SB 926, 2014 Cal Stats. ch. 921 (“Under existing law, prosecution for specified felony sex offenses, including rape, sodomy, lewd or lascivious acts, oral copulation, continuous sexual abuse of a child, and acts of sexual penetration, that are alleged to have been committed when the victim was under 18 years of age, may be commenced at any time prior to the victim’s 28th birthday. This bill would authorize prosecution of those crimes at any time prior to the victim’s 40th birthday when the crime was committed on or after January 1, 2015, or for which the previous statute of limitations has not run as of January 1, 2015.”)


Professor Marci A. Hamilton Testimony

The Constitutionality of S.B. 131, An Act Relating to Damages: childhood sexual abuse: The bishops are fond of saying SB131 is unconstitutional.  That is untrue, and here is my analysis.


Professor Marci A. Hamilton Testimony

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 children, which necessarily includes childhood sexual abuse, is a pervasive problem throughout the United States, and California is no exception.  […]

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 victims to report SACRAMENTO, Calif. (AP) — California lawmakers have approved legislation that would extend the amount of time victims […]

Hawaii Window Creates Another Opportunity for Justice–This Time Against Hollywood Power

UPDATED: 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, producer and writer of more than two dozen productions including the X-Men films, was accused Wednesday in a federal lawsuit of having […]

LAT 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.

Beall Calls for Giving Victims More Time to Seek Prosecution or File a Lawsuit (CALIFORNIA)

For 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 Lawsuit SACRAMENTO – Legislation to stop child molesters from leveraging the statute of limitations to escape prosecution or civil damages […]

Institution Gov Brown chose to protect by vetoing victim access to justice …

View 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 through the Basilica Santi Quattro Coronati in Rome in 2005. By then his attention was largely devoted to dealing with […]

SOL Reform and the Civil Rights Movement for Children

Gov. 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 a fight against the entrenched powers that resist and detest change.  The ups and downs are sometimes steep, with the […]

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 charges against Catholic schools and other non-profit institutions, while exempting public schools where abuse took place. Auxiliary Bishop Gerald Wilkerson […]

Jerry Brown invokes Roman Law, vetoes SOL bill for sex abuse victims

Invoking 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 what Brown has signed or vetoed. Senate Bill 131, by Sen. Jim Beall, D-San Jose, would have opened a yearlong window […]

It’s not the money. It’s the secrets they STILL hold.

John 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 would be the sort of non-controversial legislation that politicians would rush to champion. Well, you’d be wrong. A California bill […]

More offensive against victims’ access to justice

From 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 discriminatory against the Catholic Church has passed the legislature and is advancing to the governor’s desk. Last Friday, the bill […]

Bill opening window for sex-abuse suits passes (AP)

Bill 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 Brown a hotly debated bill that would open a one-year window of opportunity for victims of childhood sexual abuse to […]

Action Alert in CA! Contact Senators to vote YES to SB131!

Final 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 seek compensation and treatment for my kidnapping and assault, facilitated by the School of the Madeleine and the Catholic Diocese […]

Who cares?

SACRAMENTO, 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. “It’s a law that allows people to have justice against people who molested them. How simple can you get?” Right […]

CA SB 131 Passes Assembly 44-15! Tell Senators to Vote YES!

BILL 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 BUSINESS Bill No: SB 131 Author: Beall (D) and Lara (D), et al. Amended: 6/19/13 Vote: 21 SENATE JUDICIARY COMMITTEE […]

CA Bill would exempt statue of limitations on some sexual abuse suits

Bill 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 him today. Nickell, 45, of Riverside, looks back at years of “self-medicating” and drifting from job to job and relationship […]

Timeline for CA window — SB131

Sep. 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 day for each house to pass bills(J.R. 61(a)(14)). Interim Study Recess begins at the end of this day’s session (J.R. 51(a)(4)). […]

CA SB 131: CA Window scales another hurdle!! On to the Assembly Floor!

CA 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, 2013 – 12:31 pm Last Modified: Wednesday, Aug. 21, 2013 – 2:08 pm SACRAMENTO, Calif. — Some victims of childhood sexual […]

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 the Assembly Appropriations Committee. Beall was granted reconsideration next week. Seven Assembly members did not vote, including six Democrats. The newly […]

SOL reform is not reason parochial schools close

Debunking 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 abuse the remuneration they deserve, the Catholic Church is attempting to link the newly proposed statute of limitations outlined in […]

The California Catholic Bishops Fight Access to Justice for Child Sex Abuse Victims

The 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 letter to the editor ofCalifornia Catholic, Bob McPhail, asking him to publish Gomez’s letter encouraging parishioners to contact their state […]

The Constitutionality of S.B. 131, An Act Relating to Damages: childhood sexual abuse: statute of limitations

TO:                 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 is Marci A. Hamilton, one of the leading church/state scholars in the United States.  For the past […]

Nice editorial on the Pope and CA window

Pope 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 be homosexual) is not the problem. They are our brothers.” What a heartening declaration from the Roman Catholic pontiff. We […]

Analysis in Support of SB 131

Professor 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.pdf

LA bishop tells parishioners to take stand against victims

SARAH 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 only after finding out that his five brothers were molested by the same man – just to discover that it […]

The RCC bishops are the public enemies of justice for victims.

Catholic 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 that are too old to fight. By Ashley PowersJuly 15, 2013, 7:36 p.m. At the height of the clergy sex-abuse scandal in […]

CA window hearing June 18!

“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 of abuse. Please call and write to CA Assembly Judiciary Committee members and ask them to vote YES on SB […]

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 that they’ll use it to punish their political enemies. Consider the bill moving fast in the legislature to suspend California’s […]

Good news in CA! Window keeps chugging along

SB 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 against the bill, and there is a clear party bias in the nay votes. Now more than ever, survivors of […]

File release is direct result of 2003 CA window

A 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 already been settled. Attorney Raymond Boucher said the deadline affects more than 50 religious orders that operate independently from the Los Angeles […]

Go CA!

The CA Senate Appropriations Committee passed SB 131, the Child Victims Act, on Wednesday. (5-1)

CA Bill to Extend Statute of Limitations to Sue Child Molesters Clears Committee

SACRAMENTO – Legislation by Sen. Jim Beall to overhaul the statute of limitations so adult survivors of child molestation can seek justice in civil courts against their abusers was passed Monday by the Senate Judiciary Committee. “Senate Bill 131 changes California’s antiquated statute of limitations on civil claims brought forward for childhood sexual abuse,’’ said […]

Great oped in favor of CA sol reform

Sexual abuse victims seek more time to sue The issue: Many victims of child sexual abuse do not come forward to reveal what happened for years after the crimes. By then civil and criminal statutes of limitations have often expired and the perpetrator cannot be punished. Proposed bill: SB131, introduced by Sen. Jim Beall, D-San Jose, proposes […]

CA SB 131 — Response to Seventh Day Adventists

Professor Hamilton response to article below: Here is my answer to them:  7th Day Adventists oppose SB 131 SOL reform because it does not cover public schools or extend criminal SOLs.  When will they propose bills to cover those arenas?  GREAT IDEAS!  I fully support such total elimination.   It is not “unfair” to enact […]

Unjust SOL in CA

MARTINEZ — The civil case of Kristen Cunnane against the Moraga School District and three former administrators may come down to statute of limitations arguments. On Friday, Cunnane’s attorneys argued in a Martinez courtroom that Cunnane failed to sue the district until years after her sexual abuse by a teacher ended because she only learned […]

L.A. archdiocese to pay $10M in priest abuse cases

The Archdiocese of Los Angeles has agreed to pay four men almost $10 million to settle allegations of sexual abuse by a former priest who more than a quarter century ago had confessed to molesting children, attorneys said Tuesday. Two brothers will receive $4 million each, and the other two men will get nearly $1 […]

Bill would give victims of sexual abuse more time to sue abusers

“Existing law requires action for damages suffered as a result of childhood sexual abuse commence by age 26, but we have a lot of medical and scientific literature demonstrating that this is not appropriate,” Beall said. “In many cases, the discovery of psychological injuries stemming from sex abuse as a child emerge later in life […]

Covering up sex abuse in the Los Angeles Archdiocese

The archdiocese’s cover-up Covering up sex abuse in the Los Angeles Archdiocese – Los Angeles Times. For years, the Roman Catholic Archdiocese of Los Angeles fought to keep secret its confidential files concerning pedophile priests. Hundreds of sex abuse victims hoping for a full accounting of what church leaders knew about the growing scandal and […]

The Long and Difficult Road to Protecting Children from Sexual Abuse: A Tale of Three States, and How They Revised Their Statutes

The Long and Difficult Road to Protecting Children from Sexual Abuse: A Tale of Three States, and How They Revised Their Statutes By MARCI HAMILTON hamilton02@aol.com —- Thursday, May. 19, 2005 Over the last decade, concern about childhood sexual abuse has grown. Megan’s Laws — which put convicted sex offenders on public registers, so that […]

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

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