Healing from childhood sexual abuse is a long and emotional process. For many survivors, it was made even harder by old laws that gave them only a short time to take legal action and seek justice. Recognizing this profound injustice, the State of California enacted Assembly Bill 218 (AB 218), a landmark piece of legislation giving survivors more time to pursue justice.
For those battling with the aftermath of abuse, worrying about legal deadlines should not be a primary concern. That is the concern of each California child sexual abuse attorney at The Senators Firm. We empower survivors and navigate the legal nuances to hold abusers and negligent institutions accountable while they focus on healing.
What Is California’s AB 218?
In October 2019, Governor Gavin Newsom signed AB 218 into law, effective January 1, 2020, substantially revising the rules governing civil claims for childhood sexual assault. The law redefines what was previously known in statute as “child sexual abuse” to “childhood sexual assault,” broadening the conduct included under that label. Beyond semantics, the statute overhauls time limits, revives specific expired claims, and introduces potential for enhanced damages.
Expanded Deadlines to File Suit
The most significant impact of AB 218 is its expansion of the statute of limitations for filing a civil action. Previously, most victims had until their 26th birthday to file a lawsuit. The new legislation now gives survivors until age 40 to seek damages for childhood sexual assault.
Alternatively, a victim may file within five years of discovering that the abuse caused psychological injury, whichever is later. This change recognizes that trauma often delays awareness of the full harm and aligns California’s law with modern understanding of repressed and recovered memories.
Revival of Previously Barred Claims and Lookback Window
AB 218 also opened a special three-year window, from January 1, 2020, to December 31, 2022, that let survivors file lawsuits even if their time limit to sue had already run out. This change was a breakthrough that gave many survivors a second chance to seek justice and hold institutions that protected abusers accountable. Though the window has closed, AB 218’s expanded deadlines and accountability measures remain in full effect.
Treble Damages in Cases of Concealment
A powerful tool under AB 218 is the possibility of three times the actual damages when a survivor proves a defendant willfully concealed or participated in a cover-up of a childhood sexual assault. The statute defines a cover-up as a “concerted effort to hide evidence” of the assault. This helps balance accountability, especially in cases where institutions attempted to suppress or destroy evidence.
Holding Institutions Accountable
AB 218 is not solely focused on individual perpetrators. It is a powerful tool for institutional accountability. The law allows survivors to pursue civil claims against organizations that were negligent in their duty to protect children. This includes entities that:
- Knew or should have known about a person’s propensity to abuse children
- Failed to adequately screen, supervise, or train their employees or volunteers
- Concealed the abuse or failed to report it to the proper authorities
By allowing claims against these third parties, AB 218 creates a significant financial incentive for organizations to implement rigid child safety measures and proactively prevent future abuse. This legislative shift emphasizes that institutions are morally and legally obligated to prioritize the safety and well-being of the children in their care. The law sends a clear message that turning a blind eye to abuse will no longer be tolerated in California.