California supports victims with new childhood sexual abuse law
January 2020, marks day one of the new California child sexual abuse law change. In October 2019, the California’s governor Gavin Newsom signed into a law a significant revision to California’s current child sexual abuse statute of limitations.
The California child sexual abuse law change now gives adults until their 40th birthday to file civil lawsuits against the perpetrators and the managing organizations that facilitated the abuse. Anyone over the age of 40 years old cal also file lawsuits within 5 years of having discovered or reasonably discovered that the adult psychological injuries that they’re experiencing are a result of the sexual abuse they suffered when they were a child.
News outlets across California have been reporting on the new statute of limitations.
Window of opportunity
A primary feature of the new law is that opens a “window” of opportunity to people who have not been able to file lawsuits in the past due to the former statute of limitations. Someone, for example, who discovered their adult psychological injuries three or six years ago, but were not able to file lawsuits because of their age, will now be able to file a lawsuit, even though their delayed discovery of injury was more than five years ago.
The window of opportunity for these people will be limited to three years. In other words, people who were previously out of statue will be able to file lawsuits without the issue of delayed discovery until January 1, 2023.
Can I file a lawsuit now?
If you meet one of the three following options, then you can now file a lawsuit under California’s new childhood sexual abuse law:
- You have not yet reached your 40th birthday. Anyone who is 40 years old and. younger can file a lawsuit for sexual abuse that they suffered when they were a child.
- Your 40th birthday has come or passed, but you are just now discovering that the psychological problems that you’ve been experiencing as an adult are directly related to the sexual abuse that you suffered when when you were a child.
- You are over 40 years old, you haven’t ever filed a lawsuit regarding the sexual abuse that you suffered as a child, even though you’ve known for more than five years that you are suffering now because of the sexual abuse that happened to you when you were a kid (note: this point is only valid until January 1, 2023.
How do I file a lawsuit under the new California law
The best way to learn about your rights and to file a lawsuit based on California’s new child sexual abuse law is to call a lawyer. However, beware who you call. With the new change in law, you will see many commercials and radio advertisements for law firms that want to represent you.
There are only a few law firms in Southern California who specialize in Childhood Sexual Abuse Law. Be sure that you contact an expert in the field. Child Sexual abuse law in complicated and defense attorney’s are potentially strong adversaries.
Only a lawyer with full-time experience in Child Sexual Abuse Law can successfully help you grow and legal find justice.
Law Offices of Anthony M. De Marco
Anthony M. De Marco has been practicing child sexual abuse law in California for nearly 20 years. He does not represent victims of slip-and-fall. He does not represent victims of car accidents. The only clients Tony DeMarco has are victims of childhood sexual abuse.