California Statute of Limitations on Child Molestation and Abuse
There are few actions as despicable as child abuse—an adult preying upon an innocent child violates both law and morals.
Sadly, many child molesters get away with their reprehensible actions because survivors are afraid to speak out. Child abuse can leave emotional scars that are difficult to overcome, and it may take years before survivors feel ready to speak.
Our attorneys at Boucher LLP are legal advocates for childhood sexual abuse survivors. We help survivors seek justice, confronting the predators who hurt them. We aren’t afraid to go against even the most powerful institutions that have hidden the abuse of children. Survivors often find the process of confronting their abuser through a lawsuit empowering.
Here, we’ll discuss California child abuse law, including how long you have to file a claim, a time period known as the California statute of limitations.
What Is California Child Abuse Law?
California law regards sexual assault as unwanted sexual contact that occurs before a person’s 18th birthday.
Sexual abuse can include any of the following:
- Enticing a minor to prostitution,
- Trafficking a child for sex,
- Committing sexual incest with a minor,
- Committing sodomy with a minor, and
- Committing any lewd or lascivious act with a minor.
Forcible sex with a minor can result in criminal charges and civil liability, but supposedly “consensual” sex with a minor is also illegal. Minors cannot legally consent to sexual contact, so the court disregards any supposed consent.
What Is the Statute of Limitations on Child Molestation in California?
In October 2019, California enacted Assembly Bill 218, which increased the time childhood sexual abuse survivors have to file a claim.
Under the new law, childhood abuse survivors must file a claim by:
- Their 40th birthday, or
- Within five years of discovering the abuse.
The court uses the later of these dates to determine the statute of limitations on child molestation in California. For example, if you were molested as a child but didn’t learn of this abuse until you were 45 years old, you could file a sexual abuse claim until you were 50.
This statute of limitation on California child abuse is important because many children suppress memories of abuse, and they only surface much later in life.
What Are Warning Signs of Child Sex Abuse?
Children who have been sexually abused may not share their trauma right away.
Instead, adults should look for these common signs of child sexual abuse:
- Bleeding or bruising around the genitals,
- Pain when using the bathroom,
- Self-harm behaviors,
- Nightmares or trouble sleeping,
- Changed eating habits,
- Sexual play, and
- Showing a new fear of a person.
If your child begins showing signs of sexual abuse, you must take this possibility seriously. Sexual abuse of children is far more common than we think. Investigate your hunch and protect your child from anyone you suspect of being a predator.
What Should You Do If Your Child Is Sexually Abused?
If you discover that your child is being sexually abused, you must take action to protect them from further injury. First, you should seek medical treatment from a compassionate doctor.
Next, address your child’s mental health by giving them time with a skilled child psychologist. Often, therapists use techniques like play therapy or art therapy to encourage children to share their experiences. A therapist may be able to reach your child’s hidden pain when you cannot.
After attending to the physical and emotional needs of your child, you should consider taking legal action. You can report the abuse to the police and place a restraining order on the person who hurt your child.
To discuss your legal rights and options for seeking justice and learn more about the statute of limitations in California for child molestations, contact an experienced child sexual abuse attorney.
How Common Is Child Sex Abuse?
According to RAINN (the Rape, Abuse & Incest National Network), child sex abuse occurs far too often.
RAINN gathered these statistics on the sexual abuse of children:
- In 2016, Child Protective Services agencies found that 57,329 children suffered sexual abuse;
- Every nine minutes Child Protective Service finds evidence for a claim of child abuse;
- Two-thirds of sexually abused children are between the ages of 12 and 17;
- One in nine girls experiences sexual abuse by an adult;
- 82% of child sexual abuse survivors are female; and
- 93% of abuse perpetrators are known to the survivor.
Sadly, child sexual abuse can impact a survivor’s physical and mental health for years. RAINN statistics indicate that survivors of child sex abuse are about four times more likely to suffer PTSD and abuse drugs as adults. Survivors are about three times more likely to experience major depression as adults.
If you were abused as a child, know that the struggles you have experienced since your trauma are not your fault. You have suffered alone for too long and deserve to have your story heard. A California sexual abuse attorney can help you find your strong voice and confront those who hurt you, through the legal system.
Who Can You Sue?
Taking legal action against your abuser can help you reclaim the power they took from you or your child. However, other people may have contributed to your abuser committing this crime.
If an institution or individuals enabled the abuser to act—by looking the other way or assisting the abuse—they are liable too. The law takes abuse cover-up so seriously that it forces people who have covered up abuse to pay triple the ordinary damages for sexual assault.
Our California sexual abuse attorneys will help you relentlessly pursue every person and institution that contributed to your harm. Exposing their horrific actions can give you a sense of justice and closure, as well as spare other children from suffering similar harm.
Contact an Experienced Child Sexual Abuse Attorney in California
When you learn that you were sexually abused as a child, or if you discover your child is being abused, you may feel righteous anger. People who commit these disgusting actions need to be held publicly accountable for their crimes. Child sex abuse survivors deserve justice. You can learn your legal options, including information on the statute of limitations for California molestation, by contacting an experienced child sexual abuse attorney.
Our lawyers at Boucher LLP represent clients who were abused by family members and friends as well as those children who suffered abuse from leaders of trusted organizations such as the Catholic Church, Boy Scouts, Girl Scouts, and the entertainment industry.
We listen with compassion and work to prevent children from suffering further trauma in legal proceedings. If you aren’t sure whether your claim is within the statute of limitations, California child abuse attorneys at our firm can evaluate your situation and advise you on California sexual abuse law. We’re ready to stand by you as you stand up for yourself and other abuse victims.