California has changed its rules for childhood sexual assault lawsuits several times in recent years. A 2023 law removed the filing deadline for claims based on abuse that happens on or after January 1, 2024. California courts have also ruled on how these claims work against public entities such as school districts. This explainer walks through the statute and two key court decisions.
The 2023 change: no time limit for newer claims
Assembly Bill 452 was approved by the Governor on October 10, 2023. It amended section 340.1 of the Code of Civil Procedure. The law now says there is “no time limit” to file a lawsuit for damages from childhood sexual assault. That covers claims against:
- The person who committed the assault
- A person or entity that owed the survivor a duty of care, if its wrongful or negligent act was a legal cause of the assault
- A person or entity whose intentional act was a legal cause of the assault
There is an important limit. The new rule applies to childhood sexual assault that occurs on or after January 1, 2024. Claims about earlier abuse are governed by the law as it stood before, now found in a separate section, 340.11. Under that earlier law, the general deadline was age 40 or five years after discovering that an adult injury was caused by the abuse, whichever was later, with extra requirements for some claims.
The 2020–2022 revival window
An earlier law, Assembly Bill 218, took effect January 1, 2020. It revived older childhood sexual abuse claims, no matter when the abuse happened, for a three-year period that ended December 31, 2022. It also revived claims that had been barred by claim-presentation deadlines for public entities.
Some school districts challenged that revival. In West Contra Costa Unified School District v. Superior Court, decided July 31, 2024, a California Court of Appeal rejected a district's argument that reviving these claims was an unconstitutional gift of public funds. The court also held that the district lacked standing to raise a due process challenge. The case involves allegations by a former student about abuse by a district employee in 1979 through 1983. Those allegations have not been decided.
Cover-up damages, and why they do not apply to public entities
Section 340.1 also allows a survivor to recover up to three times their damages against a defendant found to have covered up the sexual assault of a minor. The statute defines a cover-up as “a concerted effort to hide evidence relating to childhood sexual assault.”
On June 1, 2023, the California Supreme Court decided Los Angeles Unified School District v. Superior Court. In a unanimous opinion, it held that these enhanced damages are primarily meant to punish. Because a separate state law, Government Code section 818, bars punitive damages against public entities, the court held they cannot be awarded against a public school district. Private defendants are not covered by section 818.
What this means in practice
California's rules show how much depends on the details:
- When the abuse happened can decide which version of the law applies
- Whether the defendant is public or private can change the available damages and the procedures
- Revival windows can close, and challenges to them can take years to resolve
- Every case turns on its facts and on proof, not on the statute alone
These rules apply in California. Other states follow their own laws. Our page on institutional abuse explains how organizations may share responsibility for abuse, and our sexual assault and abuse page covers the broader topic.
If you were abused as a child in California, the rules that apply depend on when the abuse happened and who you may have a claim against. Survivors in other states face different deadlines. Deadlines vary by state and continue to change. A lawyer can review the specifics with you.
This article is general information about how these cases work. It is not legal advice, it does not create an attorney-client relationship, and no two claims are alike. If something here sounds like your situation, the useful next step is a conversation about the facts.
