California’s Statute of Limitations on Sexual Assault Charges

Sep 09,2026

*This post was originally published on January 15, 2018. It has been updated to include new information.

Awareness and activism around sexual assault have grown significantly over the past few years. Dozens of well-known individuals have been publicly accused of assault, and investigations and lawsuits against alleged offenders are on the rise.

This movement is crucial for holding predators accountable, but there are certainly still barriers to justice. One barrier for some victims is the statute of limitations on sexual assault lawsuits. Fortunately, that is no longer an issue for victims in California.

Recent Updates for California Sexual Assault Victims

As of January 1, 2024, California eliminated all statutes of limitations for childhood sexual assault. Any civil action for childhood sexual assaults that occur after January 1, 2024 may be brought at any time during the victim’s lifetime.

The older statute of limitations was the victim’s 40th birthday (22 years after the victim reached the age of majority) or five years after the date a connection was made between any mental health condition and previous sexual abuse, whichever was later. This statute is still in effect for cases that occurred before 2024.

The laws only apply to civil claims. The criminal statute of limitations remains three years from the date of assault or six years for rape.

Lookback Periods

The Sexual Abuse and Cover-Up Accountability Act refers to public and private entities that intentionally incentivized the concealment of the perpetrators and victims. “Entities” can include the officers and employees of a company as well as any private individuals. Because of this intentional cover-up, the legislature enacted a “lookback period” to permit victims whose cases otherwise would be barred to file lawsuits based on new laws. Victims must show that they were assaulted and that some type of cover-up or concealment occurred during that time.

Two lookback windows are currently in effect based on previous and current legislation. These laws involve public and private entities that were aware of juvenile or adult sexual assault and deliberately concealed these attacks.

AB2777 opened a three-year lookback window in 2023, which expires on December 31, 2026, for adult victims under the Sexual Abuse and Cover-Up Accountability Act.
AB250 opened a second two-year window from January 1, 2026 through December 31, 2027, for similarly situated victims whose cases were also time-barred.

Enhanced Workplace Protection for Survivors

In 2025, AB2499 increased workplace protections for survivors of sexual abuse. Survivors may now request extended time off for recovery, to seek counseling, and to have a safety plan at work. Changes may not be unduly burdensome to their employer.

Employers may not discriminate against workers requesting these accommodations by firing, suspending, or reducing their pay. These protections also extend to the victim’s immediate family members. If an employee must take leave to care for a family member who is a victim of a sexual assault or abuse, they can request this protection.

Evidence Handling Rules

Since 2020, SB215 has required law enforcement agencies to submit sexual assault test kits within 20 days, and labs must process them within 120 days of receipt. This evidence must be preserved for 20 years or until the victim reaches their 40th birthday, whichever is later.

This law works in tandem with California Penal Code 803(g), which permits prosecution of a sexual assault suspect within one year of DNA identification, regardless of any other statutes of limitation on the case.

SB215 also permits victims to track the status of their test kit through the Department of Justice “Safe-T” database. This system lets victims know where their test kit is and whether it has been tested or not as the criminal case progresses.

The goal of this law was to give victims a greater sense of control over their cases and also reduce the backlog of cases within law enforcement. Police now had a state mandate forcing them to reduce the number of backdated sexual assault kits and ensure rapid prosecution of cases.

California Bill Revokes Statute of Limitations on Rape and Sexual Assault Cases

Up until last year, California had a 10-year limit on rape and sexual assault charges. In 2016, the state passed SB813, which revoked the statute of limitations. The law also ended the time limit on older cases, as long as the statute of limitations had not yet expired. However, the law does not retroactively remove the statute of limitations for cases that have already timed out. The law received a unanimous vote in the California Legislature and was signed by Governor Jerry Brown. It went into effect last year.

No More Secret Sexual Harassment Settlements

Another new law aimed at protecting victims of sexual harassment was signed into law this September. Governor Brown signed a bill that prohibits secret settlements and non-disclosure agreements in cases of sexual harassment. While the claimant may choose not to disclose their identity, the perpetrator will not have that option. The law takes effect January 1, 2019.

“These laws send a strong message to sexual predators: that they cannot count on time running out, or on secret settlements, to escape the consequences of their actions,” said Attorney Walter Clark, founder of Walter Clark Legal Group.

Personal Injury Attorneys in Palm Springs

Our firm has been handling personal injury cases throughout the California Low Desert and High Desert communities for over 30 years. With a 95% success rate, the California personal injury attorneys at Walter Clark Legal Group will fight to hold those responsible for your loss accountable and win compensation to cover medical bills, lost wages, and pain and suffering. If you have been injured and want to discuss your legal options, contact us today for a free consultation with an experienced personal injury lawyer. We have offices in Indio, Rancho Mirage, Victorville, and Yucca Valley and represent clients throughout the entire California Low Desert and High Desert communities.

DISCLAIMER: The Walter Clark Legal Group blog is intended for general information purposes only and is not intended as legal or medical advice. References to laws are based on general legal practices and vary by location. Information reported comes from secondary news sources. We do handle these types of cases, but whether or not the individuals and/or loved ones involved in these accidents choose to be represented by a law firm is a personal choice we respect. Should you find any of the information incorrect, we welcome you to contact us with corrections.