The California Legislature on Sept. 12 sent Gov. Gavin Newsom a bill that would almost completely remove the statute of limitations on child sex assault claims.
Victims of childhood sexual assault are currently not able to bring any civil claims if they are over the age of 40. Assembly Bill 452, authored by Assemblymember Dawn Addis (D-Morro Bay), would remove that age limit.
The change would not be retroactive. If signed by Newsom, it would only apply for conduct that occurred after Jan. 1, 2024.
“This common sense legislation puts abusers and the institutions that harbor them on notice that California won’t tolerate childhood sexual assault any longer,” Addis said, according to a press release.
The bill passed the Assembly 79-1, and the Senate 36-0.
Fifteen states have removed statutes of limitations for childhood sexual assault, according to an Assembly report. The statute of limitations for federal child sex abuse claims was removed last year.
Prior to 1990, childhood sexual abuse cases had to be brought within a year of the alleged abuse prior. In 1990, Senate Bill 108 allowed plaintiffs to bring claims if they are under 26 years old. In 2019, Assembly Bill 218 allowed plaintiffs to bring claims by the age of 40, or within five years of the date the plaintiff discovers psychological injury.
Consumer Attorneys of California, Child Abuse Prevention Center and John Burton Advocates for Youth are in support of the bill.
The Association of California School Administrators, California Association of Recreation & Park Districts, California Association of School Business Officials, California State Association of Counties and Statewide Association of Community Colleges are in opposition.
“Following the passage of AB 218, there was an immediate fiscal impact on our organizations due to the need to assess and fund costly older exposures. Public entities are finding that liability coverage is drastically more expensive and difficult to obtain as a result of, among other things, the revival of these previously barred claims,” The California Association of Joint Powers wrote in opposition.
