Survivors of sexual assault in California – you need to know about these two lookback windows for civil lawsuits:
- AB 250, the Justice for Survivors of Sexual Assault Act, gives survivors more time to file civil claims for sexual assault that would otherwise be time-barred before January 1, 2026. Survivors can bring these claims until December 31, 2027.
- AB 2777, the Sexual Abuse and Cover-Up Accountability Act, temporarily allows adult survivors to file civil claims for sexual assault based on conduct that occurred on or after January 1, 2009. The deadline to file otherwise expired sexual assault claims under AB 2777 is December 31, 2026.
A lookback window is a temporary period during which a survivor may file a civil claim that would otherwise be barred because the statute of limitations has expired. Both AB 2777 and AB 250 temporarily revive expired claims for eligible survivors seeking to bring civil claims against their perpetrator(s) and, in the case of an entity, those who covered up the abuse.
California’s Current Civil Law for Adult Sexual Assault Claims
Under California law, survivors generally have up to 10 years from the date of the sexual assault or 3 years from discovering that an injury or illness resulted from that sexual assault to file a civil lawsuit against their abuser. In 2022, Governor Gavin Newsom signed AB 2777, the Sexual Abuse and Cover-Up Accountability Act, which revived certain expired claims for adult survivors of sexual assault. Survivors whose assault occurred on or after January 1, 2009, now have the opportunity to file a civil lawsuit through December 31, 2026, even if the original deadline had already passed.
Governor Newsom also signed AB 250, the Justice for Survivors of Sexual Assault Act, in 2025. This Act revives adult sexual assault claims that would otherwise be barred before January 1, 2026, solely because the statute of limitations has expired. AB 250 allows survivors to bring these claims specifically between January 1, 2026, and December 31, 2027.
Frequently Asked Questions About California’s Sexual Assault Lookback Window
Who can be held accountable under AB 250 and AB 2777?
Both Acts can hold the following groups accountable:
- individual abusers,
- private entities (and their officers, directors, representatives, employees, or agents) that are legally responsible for the harm and that engaged in, or attempted, a cover-up of the sexual assault.
For a claim against an entity, the survivor must allege that the entity engaged in or attempted a cover-up of a previous instance or allegation of sexual assault. Claims against the individual perpetrator do not require a cover-up allegation.
A “cover-up” is defined as a coordinated effort to conceal evidence of a sexual assault or prevent its disclosure, including but not limited to, the use of NDAs.
When an entity acts in bad faith to cover up sexual abuse or similar misconduct, it may be held liable. Under both acts, an “entity” includes any business or corporation, but excludes government entities. Examples of private entities that may be sued include:
- Employers and workplaces (including individuals within the workplace)
- Private schools, colleges, and universities
- Religious organizations and churches
- Hospitals and medical practices
- Entertainment industry businesses
- Hotels, event venues, and other businesses
- Youth organizations and nonprofits
- Sport teams, athletic organizations, and gyms
- Service based health and wellness businesses
AB 250 and AB 2777 do not apply to claims against government agencies, police departments, or other public-sector institutions.
What kinds of abuse are covered under AB 250 and AB 2777?
Incidents of abuse that fall may fall under AB 250 and AB 2777 include:
- Sexual assault
- Rape
- Sexual battery
- Unwanted touching or groping
Both Acts only apply to survivors who were 18 or older at the time of the assault.
If claims were litigated to a final decision in court, or resolved through a settlement agreement, before the relevant cutoff, they cannot be revived before January 1, 2026, for AB 250, and before January 1, 2023, for AB 2777.
What if I never filed a police report after I was assaulted?
There are many reasons a survivor of sexual assault may not report to police. You do not need to have filed a police report, pressed criminal charges, or have seen the perpetrator convicted to bring a civil claim under either AB 2777 or AB 250. The amendments state that “it is not necessary that a criminal prosecution or other proceeding have been brought as a result of the sexual assault.”
If you want to explore if you have claims under AB 250 or AB 2777, start by constructing your own timeline of events. Don’t worry about having all the exact dates or details, but writing down what happened, when it happened, who was involved, and what happened after (including who, if anyone, you told) can be a helpful start. Then contact a law firm to have your case evaluated.
What if I can’t afford to hire a lawyer?
These cases are usually taken on a contingency basis, where you don’t have to pay hourly legal fees. Instead, you pay a percentage of any settlement or award you receive, only if your case results in a financial outcome.
Why you should choose C.A. Goldberg, PLLC after sexual abuse
Our accomplished Senior Associate Roxanne Rimonte is admitted to practice law in California and has achieved great
Since 2014, C.A. Goldberg, PLLC has represented survivors nationwide in landmark civil litigation against individuals and institutions that enabled gender-based violence. Our attorneys have recovered millions of dollars for clients and have helped shape laws in cases challenging institutional accountability. Well before the #MeToo movement, we stood for the fact that victims deserve criminal and civil justice.
The C.A Goldberg team is comprised of gifted lawyers and advocates selected for two things – 1) their higher calling to avenge evil and 2) their tenacity to get up from every fight. Learn more about our team and contact us here.
Contact California Sexual Assault Attorneys
The window is open, but it is temporary. Speak with a law firm experienced with sexual violence ASAP.
To find out if you might be able to pursue claims under the Sexual Abuse and Cover-Up Accountability Act or the Justice for Survivors of Sexual Assault Act, contact us here or call (646) 666-8908.
Survivors of sexual assault that occurred in NYC, read about the GMVA and find out your options before the GMVA’s lookback window closes in 2027.
