What You Need to Know: Sexual Abuse and the California Clergy

What You Need to Know: Sexual Abuse and the California ClergySexual abuse within the clergy is a centuries-long problem that persists to this day. To help survivors of childhood sexual abuse obtain justice for what they have endured, California AB 218 took effect on January 1, 2020.

By going over how California AB 218 can help you and speaking with a California sexual assault attorney, you may have an easier time obtaining compensation for the abuse you survived.

California AB 218 may be able to help you

What is California AB 218?

California AB 218 is California’s “Child Victims Act.” The Child Victims Act created two statutes of limitations for childhood sexual abuse:

  1. You have until the age of 40 to file a lawsuit for the sexual abuse you experienced as a child.
  2. You have until 5 years after discovering it to file a lawsuit for the sexual abuse you experienced as a child.

What was the California AB 218 2020-2022 filing window?

California AB 218 became effective on January 1, 2020. And, right after it became effective, a filing window opened up from January 1, 2020 to December 31, 2022. As a result of this filing window:

  • Time-barred childhood sexual assault claims that were made void, due to California’s prior statute of limitations, could be revived.
  • Anyone could file a lawsuit for childhood sexual abuse, regardless of when it occurred or when they discovered the abuse.

Regardless of a person’s age or when they were sexually abused, they could file a lawsuit. This allowed many survivors of California clergy sexual abuse to obtain compensation for the abuse they endured.

How can you file a claim under California AB 218?

 Before you can file a lawsuit under California AB 218, you must satisfy one of the following criteria:

  1. You must be no older than forty years old.
  2. You must have discovered the childhood sexual abuse you experienced no more than five years ago.

Just as an example, if you were abused when you were eleven years old, and you are now thirty-six years old, you can file a claim due to California AB 218.

Or, alternatively, if you were abused when you were fourteen and are now forty-six, but you discovered that what happened to you was abuse when you were forty-five, you can still file a lawsuit as per California AB 218.

To file a lawsuit under California AB 218, you can do the following:

  1. Contact a California sexual assault attorney with the resources to help you.
  2. Share your case with them, including the damages you are seeking.
  3. File a lawsuit against the church and/or clergy member, among other parties, that sexually abused you.
  4. Gather evidence supporting your claims.
  5. Present this evidence to the opposing party and outline the damages you are seeking.
  6. Negotiate with the opposing party so that you can both come to a settlement.
  7. Take the case to trial if you cannot come to a settlement.

An attorney can help you with the above. Some of the most common outcomes of a lawsuit filed under California AB 218 are as follows:

  • A settlement that encompasses the damages you seek, including compensation for your emotional distress and the pain/suffering your sexual abuse led to.
  • Punitive damages, often added on top of other damages, are awarded to you in order to punish the church and/or clergy member who assaulted you.
  • A financial judgment awarded through a court trial, instead of a settlement that you and the opposing party come to. This financial judgment can encompass the damages you seek, as well as further compensation.

Before we conclude this section, there is something to keep in mind: California AB 218 is still in effect for assaults that occurred on or before December 31, 2023, but a new law (AB 452) went into effect on January 1, 2024, eliminating the civil statute of limitations for childhood sexual assault occurring on or after January 1, 2024. If childhood sexual abuse occurred on or after January 1, 2024, there is no statute of limitations.

Delayed reporting is common

Survivors of childhood sexual abuse often delay reporting their abuse. And, many survivors never do. This is because sexual abuse often creates serious shame and trauma, both of which can make it very difficult for survivors to even think about filing a lawsuit against those who hurt them.

To cope with childhood sexual abuse, there are different things you can do:

  • Work with a therapist who specializes in treating those who have experienced childhood sexual abuse.
  • Use a hotline, such as RAINN’s National Sexual Assault Hotline.
  • Contact a sexual assault attorney who can help you obtain compensation for the abuse you experienced.

To file a civil claim, you can do the following:

  1. Contact an attorney who specializes in obtaining compensation for childhood sexual abuse survivors.
  2. Work with your attorney to file a lawsuit against the people/entities responsible for the abuse.
  3. Gather evidence to support your claims and outline the damages you are seeking.
  4. Negotiate a settlement with the people/entities you have filed a lawsuit against.
  5. Take the case to trial if you and the parties you filed a lawsuit against cannot agree to a settlement.

We at Taylor & Ring have helped hundreds of survivors obtain compensation for childhood sexual assault. For example, in 2022, we helped two women obtain a $102.5 million verdict against the music teacher who assaulted them and the school district that helped cover it up. We are ready to help you obtain what you are owed.

How do multi-victim childhood sexual abuse lawsuits work?

A multi-victim childhood sexual abuse lawsuit is when multiple survivors file one lawsuit against the parties responsible for the sexual abuse they experienced.

One example of the above is as follows: if eleven people were assaulted by members of a diocese, these people can file a lawsuit together. Doing so lets them consolidate all of their sexual assault claims into one legal action. By filing this lawsuit, they can obtain a large settlement that encompasses all of the violence they each experienced.

Multi-victim lawsuits often come with shared evidence. This can make it easier to prove claims of sexual abuse. On top of that, the fact that so many people claim that sexual abuse occurred tends to make for a stronger case.

Even though multi-victim lawsuits can lead to a stronger case and much bigger settlements, they can also make it harder to obtain the compensation you need. Negotiating a settlement with lots of survivors, and from multiple parties responsible for their abuse, requires dividing evidence and money in ways that can be difficult.

A good example of a multi-victim lawsuit is as follows: in 2007, the Los Angeles Archdiocese settled over 500 child sexual abuse cases with a settlement of $660 million. This didn’t help every victim, though.

Soon after California AB 218 was passed—allowing survivors to file a claim even after the prior statute of limitations—more survivors came forward with new lawsuits. These new lawsuits encompassed claims from thousands of survivors. And, in 2024, the Los Angeles Archdiocese settled for $880 million.

Our legal team at Taylor & Ring can help you obtain compensation for the childhood sexual abuse you survived. We are ready to help you. You can contact us using this form.