What is the Statute of Limitations for Sexual Assault in California?

When you have experienced sexual assault, taking legal action is likely not near the top of your list of priorities. Your goal is survival. Processing the trauma caused by sexual assault can take months, years, and in some cases, decades. On top of navigating the trauma you’ve experienced, you likely have your own reasons for not wanting to report right away. Victims often fear retaliation from their assailant, confusion about what happened and if it’s considered assault, a lack of support from loved ones, or just not feeling ready for what comes with reporting.

But even if you aren’t ready to take action right away, it is crucial that you know your rights and your options when you are ready to move forward. The statute of limitations for rape in California can affect your rights and legal options. Civil and criminal statutes of limitations determine how long you have to either start a civil lawsuit against your assailant or report it to the police so they can pursue charges. If you’re confused about your options and how to proceed, make sure you have a compassionate attorney with extensive experience in sexual assault cases behind them. Call Taylor & Ring to set up a time to discuss your case with our team now.

Civil vs. criminal statute of limitations

First, it’s important to understand the differences between civil and criminal legal action. A civil suit is brought against the perpetrator by the survivor to seek compensation for the harm they experienced. Criminal charges are brought by the state against the perpetrator. A civil lawsuit may result in compensation paid to the victim, while criminal charges may result in fines and prison time.

There are differences between the statute of limitations for civil and criminal cases, so it’s important to know your rights and how you want to proceed.

Criminal statute of limitations for sexual assault in California

California takes a strong stand against sexual assault cases, and as a result, some of the most severe types of sexual assault crimes have no statute of limitations. These include rape involving force or violence, rape involving multiple perpetrators, and continuous sexual abuse of a child. Many other felony sexual assault crimes in California have a ten-year statute of limitations — including unlawful sexual penetration, felony sexual battery, and lewd acts with a minor — if they occurred on or after January 1, 2020, under Penal Code § 801.1.

Civil statute of limitations for survivors

The state of California has recently made significant changes to their requirements for victims hoping to file a civil lawsuit against their assailants. Adult survivors of sexual assault generally have ten years from the date of the assault to file a claim against the perpetrator. If they were not immediately aware of the trauma caused by the attack or even that it was considered assault, they have three years from the date that they reasonably should have discovered the injury to file a suit.

California Code of Civil Procedure 340.1 outlines the time limit for those who have suffered childhood sexual assault. For childhood sexual assault before Jan 1, 2024, victims may file until age  40 or within  five years of discovering abuse; for abuse on/after Jan 1, 2024, there is no time limit. On top of that, if a plaintiff can prove the sexual assault resulted from a deliberate cover-up, they may be eligible for up to treble damages against the person or entity that concealed the abuse.

Under the Sexual Abuse and Cover-Up Accountability Act (AB 2777), survivors of adult sexual assault that occurred on or after January 1, 2009, may file a civil lawsuit by December 31, 2026 — even if the original statute of limitations has passed. This law also allows victims to take legal action against entities that took steps to cover up sexual assault crimes.

Why it’s critical to act now

Even with California’s extended statute of limitations, it’s not uncommon for survivors to dread coming forward and trying to get closure. Taking legal action, whether criminal or civil, often means revisiting memories that caused significant trauma. This in itself can be a traumatic experience for victims. There’s also a significant fear of not being believed or going through the stress of filing a claim only to have the victim’s credibility called into question.

It’s normal to want to wait until you’re in a safe place emotionally or physically to take legal action. But the longer you wait to talk to an attorney, the harder it may be to exercise your legal options. Early reporting can put you in a better position to preserve evidence and documentation, understand how much time you have left until the deadline, understand what types of legal action may be available to you, and empower you to decide how you want to move forward.

How Taylor & Ring can help

At Taylor & Ring, we have helped many survivors hold individuals and institutions accountable for sexual assault and rape. The statute of limitations for sexual assault in California is just one element of your case. You also deserve an attorney who understands how trauma affects victims and integrates that knowledge into their legal practice. Our approach to these cases is empathetic and compassionate, giving victims the time and space they need while holding their assailants accountable in a court of law.

Don’t face this challenging time alone—turn to Taylor & Ring

The statute of limitations and other elements of your sexual assault case may be confusing, but you do not have to figure it all out on your own. With our team, you can get the support you deserve while you move forward legally. There’s no pressure or judgment during your consultation—just understanding and the information you need to make the best decision for you. Schedule now by calling us or getting in touch online.