California has various time constraints for filing sexual assault cases. Just as different criminal charges can have varying statute of limitations, a civil claim will follow the same approach. If you or someone you care for has been the victim of a sexual assault, it is critical to immediately seek the legal support of a well-versed attorney who can get started on the case as soon as possible.
Statute of Limitations for Survivors of Sexual Abuse
In a civil case, the time limitation to file a claim varies depending on whether the victim is a minor or an adult over the age of 18.
According to California’s Civil Procedure Code §340.16, civil actions for the recovery of damages sustained as a result of a sexual assault, where the action occurred after the victim’s 18th birthday, the statute of limitations will begin within 3 years from the date the victim makes the discovery of abuse or should have known about the assault or attempted act to commit assault.
As of the beginning of 2020, childhood individuals who suffered a sexual assault will have until their 40th birthday, or within five years of discovery of the assault, to bring forth the suit. This new law also allows for a small window of time for past claims that would have been excluded based on the statute of limitations. In the event that the childhood assault was concealed, the victim will have the right to pursue treble damages.
Claims Made Against Government Parties
A victim filing a claim against a government entity, such as a city, school district, or police station, will have a smaller window of time to pursue civil action. In some cases, the time limitation can be as short as 6 months from the time of the assault to pursue the government claim. Moreover, this may be true if the victim is a minor or adult at the time of the incident. Missing the deadline to file will result in a barred claim, even if there is sufficient evidence in demonstrating the claim.
Fight For Your Right to Justice, Consult the Legal Support of a Skilled Attorney to Represent Your Case
California’s statute of limitations for sexual assault cases are very complicated areas of the law. With recent law changes, understanding the process to file a claim can be even more complex. If you have been the victim of a sexual assault or sexual harassment, act swiftly; consult the support of an experienced attorney who will vigorously defend your right to justice.
The attorneys at Martinez & Schill, LLP have many years of experience fighting for the rights of those who have suffered at the hands of wrongdoers. California’s statute of limitations for sexual assault cases is extremely firm. Simply missing the deadline by one day can result in a barred case. If you were the victim of a sexual assault, consult the support of a qualified law firm as soon as possible. The attorneys at Martinez & Schill, LLP understand that these types of cases involve emotional distress that can be physically and mentally debilitating. The firm is prepared to defend the case to the fullest extent of the law. Consider contacting the attorneys at Martinez & Schill, LLP today for more information.