Sexual Abuse
Despite a nationwide reckoning on gender violence in the wake of the Me Too movement, sexual assault remains deeply and distressingly pervasive. Over 40 percent of women — 52.2 million — have reported experiencing some form of sexual violence. The actual number is likely much higher; because of the stigma associated with sexual abuse, it is estimated that fewer than 30 percent of survivors report the abuse. As a result, abusers and the institutions that protect them are not held to account for the harm they have caused.
Survivors who do come forward often experience re-traumatization through the legal process. One reason is that the statute of limitations — the time within which a civil or criminal suit must be brought — historically required legal proceedings to be commenced within just a few years of the abuse.
That's often too short a time for a survivor to process what happened, seek professional help, and decide to pursue legal action. The old statute of limitations didn't account for the reality of how survivors actually experience and recover from sexual abuse.
Recent legislative changes have extended the limitations period. Adult survivors now have ten years from the date of the abuse to bring a civil action. But what about survivors of assault from ten, fifteen, or twenty years ago? What about people whose trusted institutions covered up the abuse?
The amendments to Code of Civil Procedure section 340.16, effective January 1, 2023, created two important provisions.
Revival window for assaults after January 1, 2009. Any claim for damages from a sexual assault that occurred on or after January 1, 2009 may be revived through December 31, 2026 — even if the ten-year statute of limitations would otherwise bar it. For example, if the assault occurred in 2011, the survivor has until the end of 2026 to file a civil lawsuit.
Revival window for institutional cover-ups. Where an institution covered up the abuse, claims for damages from a sexual assault at any point in the past may be revived through December 31, 2023. Even if an assault happened fifteen, twenty, or thirty years ago, if the institution where it occurred covered it up, the claim could be revived.
Consider a private university that employed an athletic trainer who sexually assaulted student-athletes during physical therapy treatments in 2009. Suppose the university hid that information, promoted the trainer, dismissed student complaints, and defended the trainer's methods until students were too discouraged to file any lawsuit.
Under the first revival provision, those survivors would have until the end of 2026 to bring their lawsuit because the assaults happened after January 1, 2009 but outside the regular limitations period. Under the second provision, they'd also be able to pursue a claim because the university's cover-up prevented them from coming forward.
If the assaults happened even further back — say, 2005 — the first provision wouldn't apply. But under the second provision, the survivors could still bring claims because of the institutional cover-up.
There's one significant gap in the statutory framework: these revival provisions do not apply to public entities. If the university in the hypothetical above were a state university or community college, survivors would not be able to take advantage of the new amendments.
The reason is that claims against public entities are subject to much shorter deadlines — generally only six months. When the Legislature enacted the amendments to section 340.16, it chose specifically not to amend the law around public entity liability, effectively exempting them from the new revival windows.
If you were sexually assaulted or harassed more than ten years ago, you may still be able to pursue a civil claim against your abuser and the institution where the abuse occurred — whether that was your workplace, school, church, or another organization.
Because the laws around these claims are complicated, it's important to seek advice from an attorney experienced in this area. At Arns Davis Law, our attorneys are here to speak with you about your experience. Call us at (415) 495-7800 for a confidential consultation.
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