Short answer: probably not. California has some of the most survivor-friendly deadlines in the country for childhood sexual abuse claims. Many people who assume their time ran out years ago still have a case. Here is how the rules work today.
There is no deadline. Assembly Bill 452 eliminated the statute of limitations for civil claims for childhood sexual assault that occurs on or after January 1, 2024. A survivor can file at any age.
Under Code of Civil Procedure section 340.1, a survivor may file until age 40, or within five years of discovering that a psychological injury or illness in adulthood was caused by the abuse, whichever is later. That discovery rule matters: many survivors do not connect depression, anxiety, addiction, or relationship difficulties to childhood abuse until well into adulthood, often in therapy.
Over 40? Do not assume you are out of time. The five-year discovery window can still apply, and the facts of when you understood the connection between the abuse and your injuries are specific to you. A short, confidential conversation with an attorney is the only way to know.
Normally, anyone suing a California public entity must first file a government claim within six months. That requirement does not apply to childhood sexual abuse claims. Government Code section 905(m) exempts them, and since 2020 the exemption applies regardless of when the abuse happened. We file the lawsuit directly in superior court.
The same section 340.1 deadlines apply. No government claim is involved. Private institutions can also be held responsible for cover-ups, and in some cases for enhanced damages when an organization concealed known abuse.
AB 218 opened a three-year window, from January 1, 2020 through December 31, 2022, that revived claims that had already expired. That window has closed. It does not affect survivors who are still within the age-40 or discovery deadlines described above, which is most survivors under 40 and many over it.
If you were abused as a student, a foster child, a detained youth, or a member of a youth program, and you are now an adult, everything above applies to you. You do not need a parent, a police report, or a criminal conviction to bring a civil claim. Many of the survivors we represent are in their 20s and 30s, and some are older.
Ask whether your claim is still open
This page is general information about California law as of September 2026, not legal advice about your situation. Deadlines depend on facts specific to you.
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