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What is California AB 452 “Justice for Survivors Act”?

Maison Law stands with sexual abuse survivors, advocating for your 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.

Background of California AB 452

Not surprisingly, the traumatic nature of sexual abuse has a so-called “chilling effect” on survivors coming forward and bringing a claim against their abuser. It can take years and years of therapy and treatment for most survivors to even begin dealing with the trauma and emotional problems that sexual abuse can cause, and many are irreparably damaged. Still, California law has taken steps to deal with the issue of sexual abuse, providing criminal and civil avenues for survivors to take against their abusers.

Up until recently, there was a “statute of limitations” on civil claims for sexual abuse. A statute of limitations is a legal deadline by which you have to file a claim, and under most circumstances, survivors of sexual abuse had:

  • 10 years from the date the abuse started to file a claim
  • If the survivor was a minor at the time, they had until their 40th birthday to file a claim

However, as of October 2023, the California legislature passed Assembly Bill 452 (AB 452), also known as the “Justice For Survivors” Act. The main thrust of the new law wipes out the statute of limitations for child sexual abuse. This means that:

  • There is no time limit on filing a claim for survivors of sexual abuse who were minors at the time the abuse occurred.

This is important for several reasons, not the least of which being that it gives child sexual abuse survivors all the time they need to reach a point where they can pursue their legal right to damages.

Damages in a California Sexual Abuse Claim

Like any civil claim, a sexual abuse claim is going to be built around obtaining damages, which is simply the financial support and benefits related to the losses that a survivor has suffered. The starting point of a sexual abuse claim in California is to figure out who is responsible. In most cases, the person that committed the abuse will be responsible, but there are a number of other parties involved who could share responsibility:

  • The perpetrator’s employer
  • Religious institutions
  • Parents or guardians
  • Government agencies
  • School districts
  • Landlords or property owners

Regardless of who is ultimately liable, the next step is actually filing a claim for damages. Every case is different, but generally, sexual abuse survivors can recover the following in a claim:

  • Medical expenses and treatment – This covers the costs associated with medical examinations, therapy, and any medical treatments needed as a result of the sexual abuse. It ensures that survivors are not burdened with the financial costs of seeking necessary healthcare.
  • Ongoing care – Sexual abuse can have long-lasting effects that may require ongoing therapy, counseling, or other forms of mental health support. Compensation for ongoing care costs recognizes the need for sustained treatment and assistance.
  • Emotional distress – Sexual abuse often inflicts severe emotional and psychological distress on survivors. Compensation for emotional distress addresses the mental suffering, anxiety, post-traumatic stress disorder (PTSD), and other emotional consequences resulting from the abuse.
  • Pain and suffering – Beyond physical harm, survivors of sexual abuse may endure significant pain and suffering. This includes the emotional and psychological toll of the abuse, which may impact their daily lives, relationships, and overall well-being.
  • Loss of enjoyment of life and companionship – Sexual abuse can profoundly affect a survivor’s ability to enjoy life, trust others, and maintain healthy relationships. Compensation for the loss of enjoyment of life or companionship acknowledges the impact on the survivor’s personal and social spheres.
  • Punitive damages – In sexual abuse cases, punitive damages may be considered if the perpetrator’s actions were particularly egregious or involved intentional harm. These damages aim to punish the wrongdoer and act as a deterrent against future misconduct.

Just because sexual abuse claims now have no statute of limitations, it’s important to remember that the legal process is going to require you to relive some traumatic events. While this is probably the most difficult aspect of these cases, it’s important to understand what you need to do in terms of presenting your case fully.

Do I Need a Lawyer For a California Sexual Abuse Claim?

Simply having the option to file a claim is only one part of the equation for sexual abuse survivors. The other is the actual work involved in the process. To that end, our team of experienced sexual abuse lawyers can be there to help you through what can be a difficult process. While there’s no requirement that says you need a lawyer, we can help you in the following ways:

  • Legal expertise and guidance – Sexual abuse claims can involve tricky legal processes and requirements. Our team has experience in handling such cases and will be familiar with the specific laws procedures that apply to your case.
  • Advocacy and support – One of the biggest things we do in these cases is serving as a strong advocate for your rights and providing the support you need during a challenging and emotionally taxing legal process.
  • Investigation and gathering evidence – We also have the resources and knowledge to conduct thorough investigations. We’ll also help you gather evidence, interview witnesses, and work with experts to build a strong case on your behalf.
  • Navigating the system – The legal system can be complex, and navigating it without legal assistance can be daunting. Our team will help you understand your rights, file necessary documents, and represent you in court if needed.
  • Negotiation and settlement – Many cases are resolved through negotiation or settlement. Our lawyers can negotiate with the opposing party or their insurance company to make sure you receive a fair settlement without the need for a lengthy court battle.
  • Protecting your privacy – Sexual abuse cases often involve sensitive and private information. A lawyer can help protect your privacy and handle the legal processes in a way that minimizes additional trauma.

What Should You Do If You Experience Sexual Abuse in California?

Obviously, sexual abuse can take on a variety of different types of conduct, from unwanted sexual advances to outright assault. Even though you have legal protection against this treatment, it’s important to know how to respond if you experience sexual abuse:

  • Get to safety – Get to a safe place away from the person who harmed you.
  • Seek medical care – Go to a hospital or healthcare provider for an exam. Preserve any evidence.
  • Report to law enforcement – Contact the police to report the assault and provide details.
  • Preserve evidence – Keep any items that might be important for an investigation.
  • Connect with support services – Reach out to sexual abuse support services for assistance and resources.
  • Document the incident – Write down what happened, including dates, times, and details.
  • Consider therapy – Seek counseling for emotional healing.
  • Maintain a support system – Surround yourself with supportive friends, family, or groups.

Remember, these are general guidelines, and it’s important to adapt them based on your own situation and comfort level. At Maison Law, our number one goal is your satisfaction. This means that we’ll work to put together an effective case for you, and take the burden of legal responsibilities off your back. Being that many of these incidents happen when you were younger, it can be difficult to remember details and evidence. We’ll also make sure that you have everything you need for a strong claim.

Maison Law Will Stand Up For Your Rights in California

If you’ve experienced sexual abuse in California, it’s crucial to know how to fight back and move forward. Regardless of when it happens, sexual abuse can stay with you. Maison Law understands these challenges. Our dedicated California sexual abuse lawyers can guide you, explain your rights, and help you take action. Contact us today for a free consultation to learn how we can support you.