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Sexual assault victims and California law

On Behalf of | Jun 22, 2021 | Sexual Assault |

Current laws allow sexual assault victims to file a lawsuit within a decade of the date of the assault or within three years of the date the victim discovered that an illness or injury resulted from the assault. According to existing law, this limitation pertains to any action that took place on or after Jan. 1, 2019. If you live in California and need to file a case for sexual assault, here are some important things you should know.

More about the bill

Assembly Bill No. 1510 makes it clear that is not necessary for criminal prosecution to have been brought on because of the sexual assault. If a prosecution or other legal proceeding was brought before the court, the proceeding did not have to result in adjudication or conviction.

The statute of limitations

The sexual assault bill also revives damage claims of more than $250,000 coming from sexual assault or inappropriate communication occurring at a student health center between Jan. 1, 1998, and Jan. 1, 2017. These cases would otherwise be barred before Jan. 1, 2020 because the statute of limitations would have expired. The cause of action will continue to proceed if the case is already pending as of the bill’s effective date. If the case was not filed before the bill’s effective date, the case should be commenced between Jan. 1, 2020, and Dec. 31, 2020.

If you have been a victim of sexual assault and need to know more about the statute of limitations relevant to your case, speak with a qualified attorney. A legal professional may help you learn more about your right to take civil action.

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He actually persuaded me not to settle because he believed that we had a great case. So we took the case to trial and he fought like crazy for me. And we won! It was a really good experience —well, as much as it can be for a lawsuit — and I’m very happy I went with them. I’ve been really blessed to have him as my attorney, so I recommend him whenever I can.”

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He actually persuaded me not to settle because he believed that we had a great case. So we took the case to trial and he fought like crazy for me. And we won! It was a really good experience —well, as much as it can be for a lawsuit — and I’m very happy I went with them. I’ve been really blessed to have him as my attorney, so I recommend him whenever I can.”

— Yelp.com review by Daniel M.

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