News & Updates: New Law Expands Statute of Limitations for Claims of Childhood Sexual Assault, Revives Expired Claims

Earlier this month, Governor Newsom approved AB 218, a new law effective in 2020 that will dramatically extend the statute of limitations for claims of childhood sexual assault and put schools and other organizations at risk for claims that sexual assault happened any time in the past. In addition to extending the statute of limitations, AB 218 also allows a plaintiff to recover three times their actual damages against a defendant who is found to have engaged in a concerted effort to hide evidence relating to childhood sexual assault.

The current statute of limitations requires claims against parties other than the perpetrator of the abuse—third parties such as schools and other organizations where a perpetrator was employed—to be brought generally no later than the time a claimant turned twenty-six. Under AB 218, claims against these third parties will generally need to be brought by a claimant’s fortieth birthday. A claimant is permitted to bring claims against third parties after age forty, however, if the claimant can show (1) that the third party knew or should have known of any misconduct by an employee, volunteer, representative, or agent that created a risk of childhood sexual assault, or (2) the third party failed to take reasonable steps or implement reasonable safeguards to avoid acts of childhood sexual assault. If the claimant can make this showing, the claimant can bring the action at any age so long as the claimant brings the claim within five years of when the claimant knew or should have discovered that their injury was caused by the prior abuse.

The new law also revives claims that were barred by the prior statute of limitations. Adults of any age whose claims were previously barred by the prior statute of limitations will have the longer of three years (until December 31, 2022) or the period provided by the extended statute of limitations to bring claims for childhood sexual abuse occurring at any time in the past.

During his eight years in office, former Governor Brown had vetoed a number of bills similar to AB 218. He recognized that requiring organizations to defend claims that sexual abuse happened many decades ago would be unfair. Records and witnesses may no longer be available, and pursuing insurance coverage will be extremely difficult if not impossible. Schools should take steps now to preserve any records that still exist concerning past complaints of abuse and evidence of past insurance coverage.