When talking about civil claims, a statute of limitations is a time limit imposed on plaintiffs that requires them to file their lawsuit within a defined period. If you wait beyond that time, your opportunity to make a claim could be gone forever.
Most personal injury claims in California have a two-year time limit from the date of injury, but there are some exceptions – including in cases involving sexual abuse or assault. If the victim was a minor when the abuse occurred, the law permits the victim to file a claim at any point before their 40th birthday. If the victim was an adult and the abuse happened after Jan. 1, 2019, the law gives the victim 10 years from the date of the last incident to act.
Why the special rules? It’s an acknowledgment of the reality that sexual abuse victims often struggle to step forward and make claims, so they’re given extra time to do so.
Some of the most common reasons
It’s not unusual for victims of sexual abuse or assault to keep what happened to them a secret for a while, for a variety of interrelated reasons, including:
- Fear of not being believed: If the abuser is well-respected in their community, like a doctor or a clergy member, the victim may worry that their story will be doubted.
- Shame and guilt: Socially, there’s a lot of victim-blaming when it comes to sexual abuse and assault, and victims may internalize the idea that they are somehow responsible for their own abuse.
- Embarrassment: It can be humiliating to have to recount the details of the encounter to strangers.
- Fear of retaliation: Finally, there’s always fear that the abuser may retaliate, especially if they’re in a position of power over the victim or can influence others.
If you’ve suffered sexual abuse or assault and you want to explore a civil claim, you can obtain legal guidance in confidence. Learning more about your legal options can help you decide if you’re ready to hold your abuser accountable.
