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Moving forward after a sexual assault is an individualized process. It can take many years before some survivors are ready to face what happened to them. It can take even longer to find the courage to come forward and hold their perpetrators accountable. By the time they are ready, many mistakenly assume it’s too late to do anything about what happened to them. California lawmakers are making sure that isn’t the case. Extended filing time limits ensure adult survivors can bring a sexual assault claim. Many don’t realize they have several legal options.
A statute of limitations is the deadline set by law for bringing a civil lawsuit. Traditionally, the statute of limitations for personal injury claims is short, just a few years. Once the deadline passes, individuals are barred from bringing their claim in court. For assault sexual assault survivors, this created a problem. Many weren’t ready to come forward with their claim before the statute of limitations ran. It effectively prevented them from ever seeking justice.
California lawmakers decided to do something about this. The laws have been changed to give adult sexual assault survivors more time to bring their civil claim. By making the statute of limitations longer and adding a look-back window, the law recognizes that, for some, the journey to recovery can take longer. These longer time limits recognize that survivors may not be ready or able to pursue legal action immediately after an assault.
The Legislature's changes provide more time for survivors to consider their options and seek accountability, particularly when the effects of the assault may not become apparent for years.
California Code of Civil Procedure § 340.16 sets the time limits for bringing certain civil claims based on adult sexual assault. Generally, the law allows a survivor to file a claim within 10 years after the last act of sexual assault or three years after discovering an injury or illness resulting from the assault, whichever is later. The statute also contains provisions that can revive certain claims that would otherwise be barred by the passage of time.
California has created a renewed opportunity for survivors with previously barred claims to have a second opportunity. The revival window was opened in January 2026. However, to qualify for the look-back window, their situation must meet certain requirements. Survivors shouldn’t assume that because their claim is old, they don’t qualify.
For survivors, changing the law only matters if they know how those changes affect their ability to seek justice. Jessica Dayton of ADZ Law has worked to help address the barriers that adult sexual assault survivors can face when pursuing civil claims. California's adoption of a 10-year statute of limitations was an important step, but it also raised questions about survivors whose assaults occurred before the new limitations period took effect.
The uncertainty surrounding those older claims left some survivors unsure whether the law gave them a path forward. Dayton and ADZ Law have been involved in efforts to address those issues and expand access to civil remedies. That work is particularly important for survivors who may have assumed that the passage of time automatically ended their ability to pursue a claim.
The truth of the matter is that immediate reporting of a sexual assault isn’t always realistic for every survivor. Everyone handles and processes trauma, fear, and shame differently. This can lead to highly individualized reporting timelines. There may be a power imbalance that prevents someone from reporting or considering civil litigation. Unfortunately, a statute of limitations may not align with a survivor’s timeline. This can lead to the deadline passing before they are ready to take the next steps.
By extending the civil litigation period, the law recognizes the difficult decisions that survivors face. By reopening the window, survivors who were previously not ready to pursue a claim can take the next legal steps in holding the responsible parties accountable.
If you are a survivor of sexual assault, don’t make any assumptions about your potential legal options. Even if the assault happened years ago, California’s window for claims may create a new opportunity. When you are ready, the next step is to speak with an attorney. They can discuss the facts of your situation, taking note of when the assault occurred and your age at the time. They will confirm whether a claim was previously filed and if a prior settlement or judgment exists. A lawyer will then discuss whether your case qualifies for California's revival window. If it does, they can discuss possible next steps in pursuing a case and the parties who may be legally responsible.
There's more to the current statute of limitations than a deadline on a calendar. Jessica Dayton's featured article takes a deeper look at how California's adult sexual assault laws have changed, why those changes were necessary, and how the current window may affect survivors.
Deciding whether to pursue legal action after sexual assault is deeply personal, and there's no single timeline that applies to every survivor. California law recognizes that some survivors may need additional time before they are ready to take that step. With changes to the sexual assault statute of limitations, certain claims that once appeared to be out of time may still be worth examining. Jessica Dayton's featured article explains the current law in more detail.
If you're wondering whether it may apply to your situation, ADZ Law, LLP can help you understand your options.
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