The California legislature recently passed a bill that will give adult sex assault victims (persons who were sexually assaulted when over the age of eighteen) more time to file a civil lawsuit against both their predator and responsible entities who allowed the assault to take place. The bill, known as AB2777, recently passed the California Senate and is expected to be signed into law by California Gov. Gavin Newsom. AB277 will amend an existing statute known as California Code of Civil Procedure 340.16.

As currently written, this California statute allows victims of adult sex abuse to file a civil lawsuit within ten years of the assault, or within three years of uncovering the trauma through therapy or other means. The amendments that are anticipated to go into effect on January 01, 2023 will provide two additional remedies for victims of adult sex assault in California:

1. The amendment will allow any victim who suffered adult sexual assault in California after 2009 to file a civil claim. This gives sex assault victims significantly more time to file a lawsuit, beyond the currently allowed law of ten years. However, if the assault occurred more than ten years ago, these claims must be filed on or before December 31, 2026.
   
   For example, if a sex assault occurred in California on January 01, 2009, victims have until December 31, 2026. This means that the victim has a total of eighteen years from the date the assault occurred, rather than the current law which states the case must be filed within ten years.
   
   Even if a victim previously filed a lawsuit and the claim was dismissed due to the statute of limitations, these victims can now refile their claim with the California courts.

2. Additionally, where there is evidence that an entity engaged in a cover up of past sex assault, regardless of how many years ago the incident occurred, sex assault victims in California have until December 31, 2023 to file a civil lawsuit.
   
   For example, a victim who was sexually assaulted in the workplace many years ago may be able to bring a claim against their employer if there is proof the employer hid evidence of prior sex assaults at the business and failed to inform the victim before he or she was assaulted, or generally prevented the sex assault from becoming public.
   
   If it can be proven that the corporation used confidentiality agreements or non-disclosure agreements to cover up past sex abuse at the company, they may be held liable to subsequent victims because corporations have a duty to warn of possible dangers that exist within the organization.
   
   For purposes of this section, institutional sex assaults are not limited to the workplace. If a sex assault occurred at any business entity, the entity may be liable to compensate sex assault victims if they engaged in any sort of cover up of past sex assault. Examples can include sexual assaults occurring at hotels, sporting events, shopping malls, health clubs, medical facilities, and any other business held open to the public.

For the full text of California AB2777, Click here

This amendment is a recognition that victims of sexual assault often take years to come forward and confront their perpetrator. It also recognizes that many victims of institutional sexual assaults try to bury their trauma, and do not make a decision to get legal help until they’ve worked through their pain. Prior to this law taking effect, corporations and perpetrators were often able to escape liability due to victim’s delays in coming forward. This new law will give victims more power to hold corporations and predators responsible for the harm they inflicted.

No matter when the sex assault occurred, if you or a loved one suffered sex violence anywhere in the State of California, there may be legal remedies that will assist in obtaining justice. Victims may be entitled to long-term mental health care, medical expenses and compensation for pain and suffering.

These cases are often complex in the legal sense, and it is important for victims in California to work with an experienced sex assault attorney who understands the intricacies and complexities of California law. Craig Charles Law is devoted to helping California victims of sexual assault take their power back. Our attorneys have vast experience handling these claims and we take great pride in in achieving justice for our clients.

Give our office a call today to discuss your legal rights with a seasoned attorney who can evaluate your case. There is no cost for our consultation and all information is completely confidential. Additionally, if Craig Charles Law represents you in your California sexual assault case, there are no upfront fees or out-of-pockets costs ever. We only receive our fees if we settle the case on your behalf.

CALL CRAIG CHARLES LAW TODAY AT 424-343-0660.

Or if you prefer to submit a confidential online inquiry an attorney will respond within 24 hours: