The usual statute of limitations for filing a sexual assault claim in California is one year from the date of the last incident. However, a law that took effect at the start of 2023, extends the window for some victims to file claims for financial compensation.
How may this change impact your case?
AB 2777 gives victims of sexual assault a three-year window to file claims for financial compensation for crimes that happened on or after January 1, 2009. Additionally, if your employer attempted to cover up allegations of sexual assault, you have a one-year window to sue your employer if your case meets three conditions:
- You were sexually assaulted.
- Your employer is legally liable for damages you suffered because of that assault.
- Your employer or anyone acting on your employer’s behalf engaged in a cover-up or attempted cover-up of previous occurrences or allegations of sexual assault by the person you are accusing.
The law considers an employer guilty of a cover-up if it made an effort to conceal evidence related to a sexual assault or incentivized people to remain silent or prevented them from revealing information. This includes using confidentiality agreements or NDAs to prevent someone from making information related to a sexual assault public or disclosing it to the plaintiff.
Potential impact on your case
If you were sexually assaulted at work or by an employer, co-worker or client more than a year ago, this change may provide you with the opportunity to pursue financial compensation that the statute of limitations would otherwise bar.
Victims bringing suits under this law have until December 31, 2026, to file a claim.