California AB 218

Extended Childhood Sexual Abuse Statute of Limitations

In October 2019, California Governor Gavin Newsom signed Assembly Bill 218 into law. The bill, which went into effect on January 1, 2020, brought about several key changes that greatly expand the rights of child sexual abuse survivors.

Key changes under California AB 218 include:

• Expanded statute of limitations: AB 218 increased the amount of time for survivors to file civil lawsuits against abusers and/or entities which failed to prevent their abuse. Now, abuse survivors can bring civil claims until the age of 40, or within 5 years of their discovery of the abuse and/or damages associated with their abuse, whichever is later.
• Three-year revival window: AB 218 created a three-year revival window for adult survivors who were abused as minors to file civil sexual abuse lawsuits that were previously barred by the statute of limitations.
• Treble damages: In cases where defendants willfully concealed or covered up sexual abuse, California AB 218 allows survivors to be awarded triple the damages.

What is California Assembly Bill No. 218?

To put it in simple terms, the California Assembly Bill No. 218 increased the amount of time survivors of childhood sexual abuse have to file a law suit agaist their abuser.

Why AB 218 Matters for Sexual Abuse Survivors in California

California AB 218 amends Sections 340.1 and 1002 of the California Code of Civil Procedure and Section 905 of the Government Code. It is viewed as a major victory for survivors of child sexual abuse, and mirrors similar legislation being passed in states across the country, such as the New York Child Victims Act.

In an era when survivors have more support than ever before, the amendments encourage survivors to step forward with their claims, and provide a greater sense of justice when it comes to holding institutions and organizations accountable for their failures, deceit, and concealment of abuse.

Per AB 218, any institution or individual who makes “a concerted effort to hide evidence relating to childhood sexual assault” can be compelled to pay three times the amount of actual damages.

Today, survivors of child sexual abuse in California are no longer re-victimized by laws that bar their claims and cause them to run out of time to report abuse. This is especially important for abuse survivors, as many struggle for years before they are able to come forward, and critically important to protecting communities from known abusers, the majority of whom go on to re-offend when left unpunished.

California AB 218 FAQs

Does AB 218 apply to new cases or only old cases?

AB 218 applies to both new and old cases. For new cases, it extends the statute of limitations for survivors of childhood sexual abuse. For older cases, it opened a three-year lookback window from 2020 to 2022, during which survivors who were previously barred by the statute of limitations could bring claims. This has allowed many individuals who otherwise would have been denied their day in court to seek justice.

What kinds of abuse are covered under AB 218?

AB 218 specifically applies to cases of childhood sexual abuse. This can include any sexual misconduct, exploitation, or molestation of a minor by an adult. The law covers instances where a child was abused by a person in a position of trust or authority, such as teachers, clergy members, coaches, or family members, and can apply to individuals or institutions that allowed the abuse to occur.

How does AB 218 define a "cover-up" of abuse?

AB 218 defines a "cover-up" as any deliberate attempt by an organization or institution to hide, minimize, or fail to report known instances of sexual abuse. If a survivor can prove that an entity took active steps to conceal the abuse, the court can award treble damages (three times the actual damages) as a penalty. This provision aims to hold accountable those who enabled abuse by failing to take appropriate action.

What happens if the abuse occurred decades ago?

Under AB 218, even if the abuse occurred many years or even decades ago, survivors may still have legal recourse. The law’s three-year lookback window allowed individuals of any age to file lawsuits between 2020 and 2022, regardless of when the abuse took place. Additionally, the extended statute of limitations provides survivors more time to take action, up to the age of 40 or five years after discovering the abuse.

Can survivors who missed the lookback window still file lawsuits under AB 218?

Even though the three-year lookback window under AB 218 closed on December 31, 2022, survivors may still be able to file lawsuits if they fall within the extended statute of limitations. This means that individuals who were abused as children can bring a claim until they turn 40 or within five years of discovering the abuse. However, survivors whose cases were time-barred prior to AB 218 and who missed the lookback window may no longer have legal recourse.

Childhood Abuse Survivors with Previously Barred Claims Can Now Seek Justice

One of the most significant aspects of California AB 218 is that it creates a three-year window of revival for childhood sexual abuse survivors to bring what would have otherwise been time-barred claims against their abusers and defendant organizations. The revival period began on January 1, 2020.

This means that even if you are an adult and your abuse occurred many years ago, you may still have the right to bring a civil lawsuit for damages.

At The Zalkin Law Firm, we have helped many adult survivors successfully bring civil claims over abuse that occurred years or even decades ago. Examples of our results in these cases include:

• $2.75 million settlement for two survivors sexually abused by a Catholic priest in 1975
• $1.75 million settlement in a Montana clergy abuse case that occurred more than 40 years ago
• $1.5 million settlement for a 24-year-old male abused as a minor by a public school coach
• $1.25 million settlement for a 25-year-old sexually abused as a minor by a foster parent
• $1 million settlement over clergy sexual abuse that occurred over 20 years ago.
• $750,000 settlement in a clergy sexual abuse case that occurred in the early 1990's
• $675,000 settlement against a religious order for abuse that occurred over 30 years ago

Call to Discuss Your Rights & Options

California AB 218 is indeed a victory for sexual abuse survivors, but the laws surrounding civil abuse claims and the statute of limitations are still complex.

At The Zalkin Law Firm, our attorneys help sexual abuse survivors across California decipher the legal complexities of their potential claims, and work tirelessly to guide them through each phase of their legal journeys.

If you would like to learn more about California AB 218 and how it may affect your potential abuse claim, call The Zalkin Law Firm for a free consultation.