What is California AB 218 “Child Victims Act”?

Maison Law stands with sexual abuse survivors, advocating for their legal rights. While a lawsuit can’t completely undo the harm or criminally penalize offenders, we’re dedicated to using all legal avenues to help you. Contact us today for a free consultation to explore all available options to get the maximum financial support available to you under California law.

California AB 218: What You Need to Know

As you might expect, California law takes child sexual abuse very seriously. It deals with it through both criminal and civil penalties against the perpetrator and anyone that enabled them. Sexual abuse, in a broad sense, involves:

• Any non-consensual sexual behavior
  
  

While California law universally safeguards against sexual abuse, filing a civil claim against the perpetrator or organization is currently subject to a “statute of limitations”, which is a deadline for filing a claim. That said, the impact and effects of sexual abuse on survivors is unique in that the trauma involved makes recalling details and timing difficult. In response, legislators passed California Assembly Bill 218 (AB 218), also known as the Child Victims Act, in October 2019 .

AB 218’s main component provides survivors more time to seek damages in a lawsuit by extending the statute of limitations. The law allows survivors of child sexual abuse to sue:

• Until the age of 40 or within five years of discovering the psychological injury caused by the abuse.
  
  

For survivors, AB 218 was a huge step in not only protecting their legal rights, but giving them some measure of assistance under the law. It’s worth mentioning that in October 2023, California went one step further in this regard, passing Assembly Bill 455, which completely eliminates the statute of limitations for filing a civil claim for child sexual abuse.

What’s the Claims Process Like in a California Sexual Abuse Case?

Even with these laws in place, it’s important for survivors to understand how the legal process works and the difficulties inherent in it. Again, sexual abuse in California is addressed through both criminal and civil law, providing various legal options for survivors. In criminal cases, different forms of sexual abuse carry specific penalties, usually resulting in:

• Felony charges with potential jail time, fines, and probation. Further, if a minor is abused, the perpetrator will have to register as a sex offender.
  
  

On the civil side, claims involve “vicarious liability,” which holds parties responsible for the harm caused. Potential liable parties in a claim could be:

• Perpetrators
• Employers
• Religious institutions
• Property owners or landlords
  
  

In a civil claim for sexual abuse, the process can vary based on the specifics of the particular case. Generally speaking, though, the process involves:

• Filing the lawsuit – Our team can help you prepare and file a formal Complaint against the responsible parties in civil court. This Complaint will clearly outline the allegations and the damages you suffered. The responsible parties–the Defendants–will then have a chance to answer the Complaint.
  
  

• Discovery – Exchange information and evidence through the discovery process. Depositions, document requests, and interrogatories are usually part of this phase.
  
  

• Negotiation or mediation – Typically, you and the Defendants engage in negotiations or mediation to reach a settlement. This can occur at any time of the process, but generally happens before trial.
  
  

• Trial preparation – If a settlement is not reached, both parties prepare for trial. We’ll collect evidence, identify witnesses, and develop legal strategies to present an effective case for you.
  
  

• Trial – If the case goes to trial, we’ll present your case in court, with both sides giving arguments and evidence. Witnesses may be called, and expert testimony may be presented.
  
  

Challenges

While a civil claim for sexual abuse follows a standard procedure, the circumstances around these incidents are certainly unique in terms of the trauma and potential injuries and damages. One of the most unique aspects of these claims are the challenges that survivors, as Plaintiffs in a claim, face: 

• Fear – Children often delay reporting abuse due to fear, shame, or manipulation, making it challenging to establish a timeline for legal action.
  
  

• Memory issues -Children may struggle to recall details accurately, and this can be exploited during legal proceedings, affecting the credibility of their testimony.
  
  

• Dependency – Child survivors may be financially and emotionally dependent on the caregivers, potentially complicating legal actions against family members or guardians.
  
  

• Trauma – The trauma experienced by child survivors can impact their ability to provide consistent and coherent testimony, affecting legal proceedings.
  
  
• Grooming and manipulation – Perpetrators often use grooming techniques and manipulation, making it challenging for child survivors to recognize and report the abuse.
  
  
• Limited awareness – Children may have limited awareness of legal processes, making it crucial for legal professionals to employ child-sensitive and trauma-informed approaches.
  
  

Regardless of these challenges, working with our experienced and dedicated team can help support you through the legal process. This is especially important because of what the law allows you to recover in a claim.

Damages in a California Sexual Abuse Claim

One of the most pragmatic measures of filing a civil claim as a survivor of sexual abuse is the financial support that’s available under the law in California. Known as “damages,” this support depends on the circumstances of your case and the extent of the injuries and damage you suffered because of the abuse. Generally speaking, though, the following damages are available in a typical sexual abuse civil claim:

• Medical expenses – This includes the costs associated with medical examinations, treatments, therapy, and any other healthcare expenses resulting from the sexual abuse. It aims to cover both immediate and ongoing medical needs.
  
  
• Emotional distress – These damages cover the psychological impact of the abuse, encompassing anxiety, depression, PTSD, and other emotional hardships. It recognizes the long-lasting effects that such trauma can have on mental well-being.
  
  
• Pain and suffering – This refers to the physical and emotional pain suffered as a direct consequence of the abuse. It extends beyond immediate discomfort to acknowledge the lasting anguish and suffering experienced by the survivor.
  
  

• Punitive damages – In sexual abuse cases, punitive damages may be sought to penalize the perpetrator and organization (if there is one) for its negligent and reckless behavior. This additional support is meant to deter similar conduct in the future and holds the institution accountable for its actions.
  
  

Understanding and seeking the available support for these elements is a crucial step your recovery and a just response to the impact of sexual abuse. While the process is indeed difficult, working with our team can ease the burden on you and make sure you get the treatment you deserve.

Advocates For Child Sexual Abuse Survivors in California

If you have faced sexual abuse in California, it’s vital to understand how to assert your rights and move forward. The impact of sexual abuse can endure over time, and Maison Law understands the difficulties you may encounter. Our committed team of California sexual abuse lawyers is here to assist, offering guidance on your rights and standing up for you in the legal process. To get started, contact us today for a free consultation.