CALIFORNIA EXTENDS THE STATUTE OF LIMITATIONS FOR ADULT SEXUAL ASSAULT VICTIMS TO JANUARY 31, 2027

Section 340.16 of the Code of Civil Procedure establishes a new two-year window from January 1, 2026, to December 31, 2027, for adult survivors of sexual assault to file civil lawsuits that were otherwise time-barred against entities, who “covered up” allegations of sexual assault.   

The term “cover up” is defined as “a concerted effort to hide evidence relating to a sexual assault that incentivizes individuals to remain silent or prevents information relating to a sexual assault from becoming public or being disclosed to the plaintiff, including, but not limited to, the use of nondisclosure agreements or confidentiality agreements.”  

“Cover up” is defined as a concerted effort to hide evidence relating to a sexual assault that: 

• incentivizes individuals to remain silent, or 

• prevents information about the assault from becoming public or from being disclosed to the plaintiff, including (but not limited to) use of nondisclosure agreements (NDAs) or confidentiality agreements.  

The “employer acts” that can extend/revive the limitations period are concealment-type conduct tied to hiding evidence or keeping information from the survivor/public, especially via Non-Disclosure Agreements and Confidentiality Agreements.   

Also, the legislative analysis emphasizes this revival applies to “any related claims arising out of the sexual assault, including wrongful termination and sexual harassment,” and the bill was framed to remove doubt and broaden what comes back alongside the assault claim. So, if the sexual assault is the underlying event, and the workplace consequences (harassment, firing, retaliation-type termination theories, etc.) arise out of that assault, those claims can come back with it during the revival window.  

The revised Subsection (e)(3) also allows for revival of claims against the perpetrator themselves, without any requirement of a cover-up.  

The statute does not apply to claims against public entities for revival purposes, including the State of California, the Regents of the University of California, a county, a city, district, public authority, public agency, and any other political subdivision or public corporation of the state.  \

Assembly member Cecilia Aguiar-Curry of Winters in Yolo County asserts that this reopening “gives those who’ve been silenced by intimidation, shame or institutional cover-ups, another shot at justice.”  Ms. Aguiar-Curry further indicated she would have included public entities but for the political issues surrounding the wave of distress hitting local governments. 

Critics of the bill, including the Civil Justice Association of California, point out the massive negative impact that these reviver bills have had on private businesses having to defend against allegations that are often more than decades old. 

California law already has one of the most liberal statutes of limitations for sexual assault claims in the country.  The current language of Code of Civil Procedure section 340.16(a) allows a plaintiff to bring claims: (1) 10 years from the occurrence; or (2) three years from the date the plaintiff “discovered” he or she was injured. Thus, survivors with “repressed memories” can file claims three years from when those memories are revived (potentially decades later) by therapy or other triggering event.  

Similarly, previous versions of Code of Civil Procedure section 340.1, permitted a plaintiff to bring an action arising from childhood sexual assault prior to the plaintiff attaining age 40 “or within five years from the date the plaintiff discovers or reasonably should have discovered that psychological injury…occurred after the age of majority was caused by the sexual assault.”  These permissive exceptions to the statute of limitations already allow plaintiffs, whose claims are otherwise decades old, to bring their claims, alleging that they only discovered their injuries as a result of childhood sexual abuse at a later date.  This law still applies to claims occurring prior to December 31, 2023. 

📞 For additional information or a confidential evaluation, contact McGonigle Law at (800) 713-5260.