Statute of Limitations in Sexual Abuse Cases: Understanding Time Constraints

October 25, 2023

Although much has been done in the last two decades to curb sexual assault crimes, they remain one of the most prevalent and underreported crimes in the United States today. In response to this recent movement, the California legislature responded by expanding the statute of limitations for sexual assault cases. Thanks to the passage of this new law, if you've experienced sexual assault- even if the assault happened years ago- you might still be able to take legal action.

At the Law Offices of Bamieh & De Smeth, PLC, we recognize that deciding to pursue a sexual assault case can be difficult and incredibly emotional. Our sexual assault attorneys have experience handling the sensitive nature of these cases and are committed to working with survivors to seek justice for damages.

What Offenses Are Considered Sex Crimes?

According to California law, a sexual crime is any forced or illegal sexual conduct against another person. It can include any form of unwanted touching or exposure without the consent of the other person. There may be no physical contact involved in crimes like stalking, indecent exposure, and solicitation, but they are still deemed sex crimes.

The following are some of the most common types of sex crimes:

Those found guilty of sex crimes are listed on the National Sex Offender Public Website. Once a person's name has been marked on the website, there is little one can do to remove it. It is essential for those affected by sex crimes to understand their rights and to seek legal help if necessary.

California's Statute of Limitations on Sexual Assault

A statute of limitations defines and sets a time limit for the maximum time the plaintiff has to file a lawsuit against a defendant in sexual assault cases. Sexual assault cases may have a statute of limitations limited to a few years or, in some cases, indefinitely depending on the nature of the alleged offense.

For example, these limitations tend not to apply to assaults that are serious violent felonies. For less serious sexual assault charges, the statute of limitations begins on the date the assault occurred. When the abuse is repeated over time, the statute will begin on the date of the most recent instance of abuse.

Limitations for Childhood Sexual Assault

Under the law, sexual assault cases involving children and minors are often given special treatment. There is no statute of limitations for cases of rape involving underage victims. 

In other cases of sexual offenses committed against minors, the statute of limitations allows for criminal charges to be filed against an alleged offender:

Adult Sexual Assault

Depending on when the assault occurred, adult sexual assault cases may be affected by California's recent expansion of its statute of limitations. Survivors of sexual assaults or after January 1, 2019, are entitled to file a claim within ten years from the date of the assault or within three years of discovering they were injured due to the assault.

The Sexual Abuse and Cover-Up Accountability Act that went into effect on January 1, 2023, provides a three-year "look back" period, permitting victims of sexual assaults that took place between January 1, 2009, and January 1, 2019, to take legal actions for otherwise barred claims. Failing to file charges within this time limit could result in losing your right to seek justice. Our compassionate attorneys at Bamieh & De Smeth recognize that survivors may feel complex emotions about pursuing legal action against their perpetrators. Let us help you decide whether to take legal action.

Getting Help from a Sexual Abuse Attorney in California

Sexual assault in any form is a serious crime that has long-lasting and detrimental effects on survivors. The California sexual assault lawyers at the Law Offices of Bamieh & De Smeth, PLC, can help you bring your abuser to justice and pursue compensation on your behalf. To schedule a free, no-obligation consultation, get in touch with us online or call us at 805-643-5555 today.