No Deadline to Sue for Child Sexual Abuse in California (AB 452)

Assembly Bill 452, known as the Justice for Survivors Act, is a California law that removed the filing deadline for civil lawsuits involving childhood sexual abuse occurring on or after January 1, 2024. Assemblymember Dawn Addis authored the bill, working with Senator Nancy Skinner. Governor Gavin Newsom signed it on October 10, 2023.

The law became effective January 1, 2024, as Chapter 655 and amended California Code of Civil Procedure §340.1. Because of this bill, California law now sets no deadline to sue for childhood abuse claims that happened in 2024 or later, regardless of how many years have passed.

If this rule applies to you or your child, turning 40 does not close the window to bring a claim. This differs from cases where abuse happened before Jan. 1, 2024. You also do not have to file within a set number of years after connecting the abuse to its effects. The law removes those time limits for covered claims.

AB 452 works alongside AB 218, which expanded filing rights for survivors of childhood sexual abuse in California, and AB 2777, which addresses certain adult sexual assault claims.

AB 452’s no-deadline rule applies only to childhood sexual abuse that occurred on or after Jan. 1, 2024. It is not retroactive, meaning it doesn’t remove the filing deadline for abuse that happened before Jan. 1, 2024.

Many survivors who qualify to file a claim under AB 452 may still be minors. This means that parents of these children will likely file claims on their behalf, or the survivors may file their own cases after they turn 18.

The date of the abuse determines whether this rule applies, rather than the date you report it, recognize any psychological effects or decide to sue.

Survivors of childhood abuse that happened before January 1, 2024, can still pursue legal options under AB 218. The deadline is generally age 40, or five years after discovering the psychological impact in adulthood, whichever period is longer. However, a new Senate Bill, SB 577, shortens the discovery deadline from 5 to 3 years, and most provisions of the bill take effect on Jan. 1, 2027.

AB 452 doesn’t apply to survivors who experienced sexual abuse, assault or harassment as an adult. However, California’s AB 250 and AB 2777 may provide legal options for adult sexual abuse.

AB 452 helps give survivors the time they need to process their trauma and think about filing a claim. Survivors may need many years before they can talk about childhood abuse or seek legal help. Fear, shame, a lack of trusted support and concern about not being believed can delay disclosure until after a lawsuit filing deadline has passed — and this could leave survivors without legal options.

If you or your child experienced childhood abuse on or after January 1, 2024, the passage of time alone may not close your opportunity to seek compensation on their behalf or their opportunity to file a claim in the future.

Claimants must still meet the legal requirements for filing a claim, but they do not face an age-based filing deadline. The law gives survivors of future abuse as much time as they need to decide whether to pursue a lawsuit.

AB 452 doesn’t explicitly define abuse under the bill, but it’s generally unwanted sexual contact of any kind, assault or exploitation by an adult in a position of trust or authority over a minor. Sometimes abuse can happen between minors.

This bill only changes the filing deadlines. Existing law states that survivors of childhood sexual assault can file a lawsuit for abuse by an employee, volunteer, representative, agent or the person or entity who failed to implement reasonable safeguards to avoid acts of childhood sexual assault.

Any trusted adult in a position of authority over the child can be held responsible, including the abuser’s employer if the abuse happened during their employment.

AB 452, AB 218 and AB 2777 are all bills that give sexual abuse survivors extended deadlines to file claims, but they differ in how much time they give and whether they apply to children or adults.

Lawyers will evaluate the survivor’s age at the time of the abuse, the injuries they suffered and where the abuse occurred to see if you or your child can seek justice through the legal system. AB 452 deals with abuse that happened on or after Jan. 1, 2024. Some children to whom this applies may still be very young, so a parent or guardian can help through this process.

Signs of sexual abuse in very young children can include changes in behavior, unusual injuries and changes in mental health.

If you think a child is being abused, their safety comes first. Call 911 if it’s an emergency. You can also visit the Childhelp National Child Abuse Hotline site or call their hotline at 1-800-422-4453.

Attorneys evaluating claims will look to see if the abuse happened at a private or public institution. Private and public institutions have different rules that apply for filing a claim.

Under AB 452, deadlines for filing a claim don’t apply to abuse that happened on or after Jan. 1, 2024. This allows the survivor to get the help they need and for families to focus on care and emotional healing first. You or your child may be able to file a claim many years from now.

Start with the child’s safety and any immediate care needs. Address safety concerns and any required reporting before gathering information for a possible lawsuit.

When it is safe, write down what you know.

Consider speaking with an attorney who handles childhood abuse claims in California. Ask which law applies to your situation, what information would be helpful and whether any filing requirements affect your situation. Initial consultations for a case review are usually free, confidential and handled with sensitivity and care.