California Institutional Abuse Lawsuit: AB 2777 and Your Legal Options

California’s AB 2777, known as the Sexual Abuse and Cover Up Accountability Act, gives survivors of sexual assault at private businesses and organizations the right to sue, even if the usual deadline to file has already passed.

The law does two main things: First, it gives survivors more time to file civil lawsuits for sexual assault that happened on or after January 1, 2009, letting them start claims until December 31, 2026. Second, it makes institutions legally responsible if they hid abuse or used nondisclosure or confidentiality agreements to keep survivors quiet.

AB 2777 stands out because most laws only let survivors sue the person who committed the abuse. This law also lets them sue the business or organization that employed, enabled or covered up for the abuser, including under theories of liability like negligence, intentional torts and vicarious liability.

Governor Gavin Newsom signed the bill on September 19, 2022, and it took effect on January 1, 2023.

If you experienced sexual assault or abuse at a business or organization in California, you may be eligible to file a lawsuit under AB 2777.

If you were abused as a minor, other California laws may apply. Revisiting traumatic or difficult situations may seem insurmountable, but a qualified lawyer will treat your case with privacy and respect to help you heal.

What Types of Institutions Are Covered?

AB 2777 applies to any non-government business or organization in California where sexual abuse happened.

Government institutions such as police departments, government agencies and public schools are usually covered by different laws and are generally not included in AB 2777.

AB 2777 applies when “one or more entities are legally responsible for damages.” However, the general lookback window does not typically apply to claims against a public entity, which require additional procedures based on the Government Claims Act.

What Is the Filing Deadline?

The deadline to file an AB 2777 lawsuit is December 31, 2026.

This deadline applies to assaults that happened on or after January 1, 2009.

AB 2777 created a special one-year filing window from January 1 to December 31, 2023, for survivors whose sexual assault claims had expired before 2023 and involved a cover-up by an organization or institution. The window was not limited to assaults before 2009. Although that window has closed, later laws — such as AB 250 — may provide new options for some survivors.

Even if it seems the statute of limitations has already passed, some survivors may still have legal options. While AB 2777 reopened certain expired claims, AB 250 later expanded opportunities for some survivors who were not eligible under AB 2777 or who missed an earlier filing window.

AB 2777 applies to many types of abuse, including sexual assault, rape, sexual battery, unwanted touching or groping and abuse by people in positions of authority, such as employers, doctors, therapists, coaches, clergy, or supervisors.

If someone connected to a California business or organization touched, assaulted or abused you, and the business allowed, ignored or hid what happened, you might have a claim under AB 2777. The law recognizes harm even if survivors did not name the abuse right away or felt pressured to stay silent.

You do not need to have filed a police report, pressed criminal charges or had the perpetrator convicted to bring a civil claim under AB 2777. The statute expressly says that “it is not necessary that a criminal prosecution or other proceeding have been brought as a result of the sexual assault.”

AB 2777 is important because it lets survivors take legal action not just against abusers, but also against institutions that helped hide the abuse. A “cover-up” happens when people work together to hide proof about sexual assault.

This can mean convincing others to keep quiet or stopping information from being shared with victims or the public. NDAs and confidentiality agreements could be examples of cover-ups, so many people who were told to stay silent may still be able to sue.

If you signed a confidentiality agreement or NDA about abuse at a California institution, you might still be able to file a lawsuit under AB 2777. The law defines “cover-up” broadly and says it includes efforts “to hide evidence” or stop information from coming out, so a lawyer can help you see if your agreement can be challenged.

If you believe you have a case under AB 2777, there are some important steps you can follow to start the legal process. These steps are designed to help guide you through what to expect and how to get started with filing a sexual assault lawsuit under this law.

Most AB 2777 cases are handled on a contingency basis, which means there is no upfront cost. You only pay if the case resolves in your favor.