California Child
Victims Act
Child sexual assault is a tragic reality affecting our society. In recent years, many states have enacted legislation to address the injustices that childhood sexual assault victims face due to the rigid restrictions of sex abuse statutes of limitations. The California Child Victims Act is changing previous time limits to allow more child sexual abuse victims to bring both civil and criminal lawsuits at any age by hiring a California child sex abuse lawyer, no matter when the abuse happened, to finally get justice and recover compensation for their physical injuries and ongoing emotional harm.
REMAINING WINDOW TO FILE A CLAIM IN CALIFORNIA
- REMAINING WINDOW TO FILE A CLAIM IN CALIFORNIA
- CALIFORNIA CHILD VICTIMS ACT: JUSTICE FOR SURVIVORS
- WHAT IS THE CALIFORNIA CHILD VICTIMS ACT?
- WHY DO VICTIMS WAIT TO COME FORWARD ABOUT THEIR SEXUAL ABUSE?
- HERMAN LAW DISCUSSES THE REASON MANY VICTIMS WAIT TO COME FORWARD
- WHAT CONSTITUTES CHILD SEXUAL ASSAULT? DO I HAVE A VALID CLAIM?
- WHO CAN I CHARGE OR SUE THROUGH THE CALIFORNIA CHILD VICTIMS ACT?
- WHAT PENALTIES CAN MY ABUSER FACE?
- HOW LONG AFTER AN ASSAULT DO I HAVE TO FILE IN CALIFORNIA? IS IT TOO LATE FOR ME TO FILE?
- HOW DO I FILE A CLAIM AS A CHILD SEXUAL ASSAULT SURVIVOR?
- HOW CAN A CALIFORNIA SEX ABUSE LAWYER HELP ME AS A SURVIVOR?
CALIFORNIA CHILD VICTIMS ACT: JUSTICE FOR SURVIVORS
In 2019, legislators passed the California Child Victims Act (CA AB-218) in California, which took effect on January 1, 2020. This important legislative Act extends the statute of limitations for California child sexual abuse survivors reaching adulthood to initiate a claim against their abusers.
Before January 2020, the law required a survivor of childhood sexual assault to file a lawsuit within three years from the date they discovered or reasonably should have discovered that the sexual abuse resulted in their subsequent psychological injury or illness. The primary restrictive factor linked to the state’s statute of limitations on sex abuse claims barred a child sex abuse survivor from initiating a suit after their 26th birthday.
Studies show that most survivors only begin to reveal their experience with childhood sexual abuse when they reach the age of 52, more than two and a half decades after the arbitrary cutoff of 26. This research shows that many child sexual abuse victims in California could not previously seek justice against both their abusers and the complicit organizations that allowed their abuse to happen.
A combination of egregious injustices against children, including the Larry Nassar imprisonment, the Boy Scouts of America sex abuse scandal, and the numerous sexual assault allegations against the Catholic Church, California legislators recognized that California sexual assault laws needed to change. When California Governor Jerry Brown vetoed SB 131, legislators realized the grave disparity in the former law, essentially requiring victims to bring a lawsuit before they reasonably knew about or could acknowledge their harm.
Perceiving these injustices, the California Legislature adopted AB 218 to encourage child sex abuse survivors to come forward and speak up about their abuse despite the same taking place several years ago. Advocates pushing for these necessary legal changes celebrate, as victims can finally seek compensation and justice against their abusers and the organizations that allowed the abuse to happen to not only themselves but the hundreds of thousands of victims living in the State of California.
WHAT IS THE CALIFORNIA CHILD VICTIMS ACT?
The California Child Victims Act widens the definition of childhood sexual abuse, compared to the previous law, to include sexual assault. This more broad definition increases the scope of sexual offenses against a minor that are actionable, ultimately helping a child sexual abuse victim.
The Act also extends the time limit to the later of twenty-two years after the minor’s 18th birthday, or within five years of the date the child sex abuse victim discovered their psychological injury that took place after adulthood resulting from the childhood sexual assault.
Most victims of childhood sexual assault may now file a civil suit, or a prosecutor may bring criminal charges against their abuser or a responsible entity. These responsible entities can include organizations where the abuse happened, such as the Catholic Church, a foster care home, the Boy Scouts, a school, a daycare center, or any other organization allowing abusers access to children.
The child sex abuse victim needs to initiate their claim within five years of discovering the causal link between the childhood assault and their resulting psychological illness continuing into adulthood or before the victim turns 40. This change increases the time to file a lawsuit by fourteen years, up from the previously held law indicating the victim only had until they turned 26 to bring a claim.
Additionally, the California AB 218 provides a noteworthy three-year look back window starting January 1, 2020, and ending December 31, 2022. During this time, all childhood sexual assault victims in California can start a civil action for money damages no matter how long ago their abuse occurred.
After the expiry of the look back window, and if the plaintiff files a civil lawsuit at or after the age of 40, the law requires the plaintiff’s therapist and attorney to file certificates of merit stating: “the attorney has reviewed the facts of the case, consulted with at least one mental health practitioner who the attorney reasonably believes is knowledgeable of the relevant facts and issues involved in the particular action, and concluded on the basis of that review and consultation that there is reasonable and meritorious cause for the filing of the action.”
For example, a 52-year-old survivor now has until December 2022 to file suit against their abuser. This look back window and related legislation is an incredible win for child sexual assault victims in California. If someone experienced abuse decades ago, they can now file a civil lawsuit and work toward achieving closure. This new prolonged time limit runs out on December 31, 2022, so it’s essential to speak with a law firm knowledgeable about sexual assault cases to learn how you can pursue legal action.
The Act also provides for situations potentially entitling a victim to obtain up to triple the number of damages (also known as “treble damages”) against a defendant and an entity or the organizations or supervisors aware of the abuse and participating in a cover-up of a minor’s sexual assault. By definition, a cover-up is “a concerted effort to hide evidence related to child sexual assault.”
You can access the full text of the California Child Victims Act AB 218 here.
WHY DO VICTIMS WAIT TO COME FORWARD
ABOUT THEIR SEXUAL ABUSE?
The previous statute of limitations failed to recognize the short- and long-term mental and emotional trauma that child sexual abuse victims endure from the abuse. This trauma often prevents the victim from being able to come forward to talk about or report the abuse. The previous law thereby failed to provide the victims with a reasonable opportunity to press charges or file civil lawsuits against their abusers and the institutions that allowed the abuse.
There are several reasons why survivors are reluctant to reveal information about their abuse. The previous sexual assault statute of limitations made it extremely difficult for victims to introduce their claims because they often don’t realize the psychological effects of their abuse until much later. Reasons why victims wait so long to come forward include:
- Ninety percent of victims are abused by a person they or their family know, making it difficult for the child to come forward, as they either don’t realize that the abuse is wrong or they fear what will happen if they tell someone. They might also be embarrassed or believe it’s their fault.
- The abuser usually gives the child special attention or gifts to gain the child’s trust.
- They believe it’s their fault, and they could’ve done something to stop the abuse or fought harder.
- They feel shame or do not want to relive the abuse.
- They fear they will get in trouble.
- They do not tell anyone to protect their loved ones, attempting to avoid inflicting pain on their parents or other family members.
- They fear no one will believe them.
- If the perpetrator is an admired community member, the child sexual abuse victim fears no one will believe them, or people will be angry with them.
- The shock of the experience may stun them into silence, and they do everything they can just to carry on
- The perpetrator is likely to make threats of blackmail or violence or instruct the victim not to tell anyone else.
- They don’t understand that the abuse was wrong.
Shame and self-blame often accompany each of these reasons for a child sex abuse victim’s silence. It is never the victim’s fault, but this tendency to blame themselves or feel guilty is all too common. Studies show that alongside the stigma, shame, and guilt, family loyalty is a significant factor that deters victims from speaking up when the offender is someone attached to a family member.
CONTACT HERMAN LAW AT https://hermanlaw.com/california-child-victims-act/1-800-686-9921.
21051 WARNER CENTER LANE, SUITE 250
WOODLAND HILLS, CA 91367
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Yikes!
ReplyDeleteUncle Shalom, we can make a united front! Do you know where I can reach the old boys network from Kerem, Matis Weinberg & Avi Shafran?
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The lawyers can have a field day in California from all the enablers & mandated reporters that knew everything. It runs from Chabad to the RCC to "Midget Marvin" (beruchniyus uvegashmiyus)!
ReplyDeleteIf someone wants to see if he was sued yet in NY under the new Adult Victim Act, how do you look that up?
ReplyDeleteJust curious!