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For survivors of sexual assault, the road to justice is long and daunting. The psychological and emotional marks may take years, sometimes a lifetime, as the case proceeds or does not. Although the pervasiveness of trauma can be constant, the period within which a victim might establish a case in civil court does not stretch out indefinitely. Understanding the limitations of filing a civil sexual assault case helps to ensure that action takes place in due time for survivors of sexual assault.
Importance of Filing a Civil Sexual Assault Case Early
Civil actions, sexual assault among them, fall under tort law, the area of law that administers actions that bear on wrongdoing or negligence. In most instances, civil claims are required to be filed within a certain amount of time, which is called the statute of limitations. Typically this is two years from the date of occurrence or last date of abuse. Sexual abuse cases have often had special exceptions extending those deadlines.
At Tenina Law, sexual assault lawyers urge the need for timely action. Though victims must not be in a hurry, being aware of legal deadlines and seeing an attorney as early as possible can make all the difference in a case’s outcome.
California Statute of Limitations for Civil Sexual Assault Case
Under California law, civil sexual assault has specific statutes of limitations. Given the unique circumstances that delayed reporting often falls under fear, shame, or psychological trauma survivors are subjected to these time frames are provided below on California’s Code of Civil Procedure:
- Seven Years After Attaining the Age of Majority: Survivors of childhood sexual abuse have until their 26th birthday, that is, age 18 + 7 years, to file a civil lawsuit against their abuser.
- Four Years After Leaving An Abusive Relationship: In the case of ongoing abuse, the statute of limitations runs out four years after they leave the abusive setting or relationship.
- Four Years After Discovering the Abuse and Its Link to the Injury: If a survivor learns much later in life that their psychological or physical injuries are directly related to earlier abuse, they have four years from the date that they discovered their connection to file a claim.
Exceptions to the Child Sexual Abuse Cases
California law provides child sexual abuse victims with even greater protection. In this case, a survivor can bring a civil action against his or her offender at virtually any time if the abuse or trafficking occurred while that person was younger than 16 years of age. The unlimited period provided reflects the state’s understanding of the tremendous and long-term damaging effects imposed by childhood sexual abuse.
RAINN states:
- 22% of the victims are under the age of 12 years.
- 32% of victims are found in the age group of 12 to 17 years.
These statistics underscore the need for extended time limits for persons who were abused as minors.
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Filing a Civil Lawsuit Without a Criminal Conviction
A civil sexual assault case is not part of any criminal case. Therefore, a survivor can bring a civil case without an abuser having ever been arrested, charged, or convicted in a criminal court. Civil cases have nothing to do with guilt beyond a reasonable doubt but instead, relate to the financial responsibility owed to the survivor because of what occurred.
This is important to know because:
A criminal case has a higher burden of proof: “beyond a reasonable doubt”.
Civil actions are subject to the “preponderance of the evidence” standard; that is, there is a more likely chance than not that the defendant is liable.
Filing Civil Lawsuits Against Third Parties
Surviving abusers typically file civil claims against not only themselves but also third parties that were negligent in protecting them from further abuse. Third parties that can be held liable include:
- Schools
- Religious institutions (i.e., churches or synagogues)
- Daycare centers
- Sports clubs
- Employers
These entities can be held accountable for failing to prevent abuse or creating environments where abuse occurred due to negligence.
Common legal claims against third parties include:
- Negligent Hiring: Failing to properly screen employees or contractors who later commit abuse.
- Negligent Supervision: Not properly overseeing employees responsible for caring for victims in care facilities or facilities.
- Negligent Retention: Retaining employees despite evidence of misconduct or red flags.
- Negligent Security: Failing to implement adequate protections to safeguard against abuse.
Employers may also be held vicariously liable through the doctrine of respondent superior. Under this legal concept, employers can be held vicariously accountable for an employee’s abusive actions that occurred within their employment scope.
Changes to Statute of Limitations for Negligence Claims
In California, the statute of limitations for negligence actions was reduced and is now only two years instead of four. Civil sexual assault cases against third parties fall within the new two-year window in which claims may be filed; such actions include negligent hiring, supervision, and retention.
Problems in Filing Civil Actions
Survivors do not have to pay civil attorneys out of pocket to seek their services; however, many attorneys work on a contingency basis and may be reluctant to represent potential clients who lack opportunities for clear compensation. This most often includes cases where:
The Abuser Has Insufficient Personal Assets
Insurance policies void coverage for intentional torts, such as sexual assault.
However, negligent third-party cases tend to offer better prospects for awards from institutions that are more likely to carry liability insurance or have other resources available to compensate survivors.
Summing Up!
At Tenina Law, we appreciate the great strength needed from survivors to seek help. Here, our compassionate attorneys will walk with you throughout the litigation process. We offer free consultation services, and here we will advise you on your rights before any action for redress. With this, let’s turn to the conclusion of seeking justice while one still can.
No legal remedy can heal the emotional trauma and physical injuries brought upon by sexual assault, but filing a civil suit can bring justice by holding perpetrators responsible and compensating victims financially. When filing claims in California survivors must understand California’s statute of limitation laws so don’t wait – don’t put off seeking help and filing your claims now with Tenina Law’s experienced sexual assault attorneys; contact us and make the first steps toward healing together!
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