For survivors of sexual assault, the path to justice can be long and fraught with emotional and legal hurdles. One of the most significant legal barriers has often been the statute of limitations, the time limit for filing a civil lawsuit.

In California, a new piece of legislation signed into law in 2022 has empowered certain survivors of sexual abuse, providing them with new avenues to seek accountability even after the time window for filing a civil lawsuit expires.

Under Assembly Bill 2777 (AB 2777), also known as the Sexual Abuse and Cover-Up Accountability Act, a significant change has been made. A sexual abuse survivor whose abuse occurred on or after January 1, 2009, now has an extended window to file a sexual abuse civil claim, even if the statute of limitations has officially expired.

Simply put, AB 2777 addresses the time limits for legal action for sexual abuse cases with previously expired statutes of limitations. It amends the Code of Civil Procedure 340.16 CIV by changing the statute of limitations for civil cases involving sexual abuse.

Under the prior law, civil lawsuits involving sexual abuse must start within 10 years from the date of the last act, or within three years from the date the plaintiff discovers or reasonably should have discovered they suffered an injury or illness that resulted from an act or attempted act of sexual abuse.

Also, under the old law, these provisions applied to actions brought on or after January 1, 2019. Let's take a closer look at what AB 2777 does, which went into effect on January 1, 2023.

Key Takeaways of AB 2777

• AB 2777 extends the time for victims to file civil lawsuits for sexual assault and other misconduct by removing the statute of limitations when certain conditions are met, such as when a cover-up is involved.
• It creates a window for victims to sue, even if the incident happened years ago, when a cover-up is present.
• The law specifies what constitutes a "cover-up," which can involve hiding evidence or using nondisclosure agreements to silence victims.
• The bill aimed to provide greater accountability for perpetrators and institutions that conceal sexual abuse.
• AB 2777 acknowledges that trauma and cover-ups can delay victims from coming forward. It seeks to provide survivors an opportunity for justice and emphasizes institutional accountability.

What Does AB 2777 Change?

The primary purpose of AB 2777 is to "revive" certain civil claims for sexual assault that had expired under previous statute of limitations laws. It provides a new opportunity for adult survivors to file a lawsuit to recover damages.

The law creates a specific "lookback window" for filing claims in two scenarios: reviving claims against entities that sought to "cover up" sexual abuse, and extending the lookback window for other recent incidents of abuse.

As of this writing, the first provision (which extended the SOL in cover-up cases to the end of 2023) has expired...so let's focus more attention on the second provision, which remains in effect until the end of 2026.

Extending the Window for Recent Sexual Assaults

This part of AB 2777 provides a longer window for claims related to sexual assaults that occurred more recently, bringing a sense of relief to survivors. The law revives claims for damages from a sexual assault that occurred on or after January 1, 2009, which would have otherwise been barred simply because the statute of limitations had expired.

Under the existing statute of limitations, a sexual abuse survivor who was 18 or older at the time of assault typically has 10 years to file a civil claim. Under this provision, survivors of abuse that occurred on or after Jan. 1, 2009, now have until December 31, 2026, to file a civil lawsuit.

This applies to actions commenced on or after January 1, 2019, that would have otherwise been disqualified solely due to the statute of limitations' limitations.

This specific change effectively reopens the door for individuals who may have needed more time to process their trauma or understand their legal options. Unlike the "cover-up" provision, this revival does not specifically require alleging that an entity concealed the abuse.

Key Aspects of the Law

It is helpful to understand some of the finer points of AB 2777. The law was carefully drafted to provide new paths to justice while also setting clear boundaries. Two key points to note:

• A civil action can proceed even if there was no criminal prosecution or conviction related to the sexual assault. The standard of proof in a civil case differs from that in a criminal case, and this law acknowledges that survivors can seek civil damages regardless of the outcome of any subsequent criminal proceedings.
• Related claims, such as wrongful termination or sexual harassment that arise from the same incident of sexual assault, may be included in the lawsuit. This aspect of the law recognizes the comprehensive impact of sexual assault on a survivor's life, including their employment and professional well-being, and ensures they are fairly compensated.

AB 2777 defines cover-up as a planned or coordinated effort to hide evidence of sexual abuse that encourages individuals to stay silent about it.

It also says a cover-up can be a concerted effort to prevent information about abuse from becoming public or being disclosed to the plaintiff. These actions can include using nondisclosure agreements or confidentiality agreements.

Where the Law Does Not Apply

While AB 2777 is a powerful tool for survivors, it has important limitations. The law does not revive claims that have already been resolved. Specifically, it does not apply to cases that fall into two categories:

• Claims litigated to a final judgment: If your case went to court and a final, binding decision was made before January 1, 2023, you cannot refile it under this act.
• Claims settled in writing: If you reached a written settlement agreement with the opposing party and signed it before January 1, 2023, that claim cannot be revived.

These exceptions are in place to prevent the re-litigation of cases that have already concluded. The focus of AB 2777 is on providing a first chance at justice for those whose opportunity was previously denied by the expiration of time.

While AB 2777 provides additional time for certain sexual abuse survivors to seek justice, it's still highly advisable to hire an experienced California sexual abuse attorney to represent you in filing your claim. 

At the Injury Justice Law Firm, we understand the nuances of this and other laws pertaining to civil sex abuse claims, and we can evaluate your case to determine your eligibility for filing a claim, as well as pursuing the full amount of compensation to which you're entitled by law.

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• Code of Civil Procedure 340.16
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