California Adult Survivors Act – What You Should Know

The California Adult Survivors Act was implemented to bring justice to sexual assault survivors, many of whom had previously been barred from filing civil claims due to a stringent statute of limitations. The act was signed into law in September 2022 and is also known as AB2777, the Sexual Abuse and Cover Up Accountability Act.

By understanding their rights and the limitations of this law, adult survivors can work to hold individuals accountable and bring justice to their cases.

Understanding the California Adult Survivors Act

The California Adult Survivors Act was implemented to address a fundamental issue in many sexual assault cases: victims may take months, years, or even decades to come forward with allegations due to significant emotional trauma, fear of retaliation, or cover-ups from institutions. Therefore, by the time survivors were ready to exercise their legal rights, they found that their claims were barred due to a strict statute of limitations.

Under AB2777, a temporary window was created, giving survivors the ability to file a claim against both individual perpetrators and institutions that were responsible for enabling or covering up any abuse. Under AB2777, survivors of sexual assault in California could file a claim if their case met the following criteria:

• The incident occurred on or after January 1, 2009.
• The victim’s legal claim had been barred before due to the case’s statute of limitations.
• The claim was filed within the one-year revival window from January 1, 2023, to December 31, 2023.

Although the revival window has closed, it’s important to note that these claims are still ongoing. Many of these require additional legal support, especially if the case needs to be appealed. Notably, a three-year revival window from January 1, 2023, to December 31, 2026, is still open for survivors who can show that their case involved an institutional cover-up.

Understanding the Legal Options for Survivors in 2025

Ever since the one-year revival window became outdated on December 1, 2023, it is not possible for survivors to file a case under AB2777 – unless there is an institutional cover-up involved in their case. Survivors who believe their case involves such a cover-up should act urgently. They can work with a legal professional who can help them file a claim before this window closes.

In addition to seeking protections under AB2777, California survivors of sexual abuse may have further legal options to pursue, such as:

• The childhood sexual assault law in AB218. If the survivor of sexual abuse was a minor at the time the abuse occurred, they may still be eligible to file their case until they turn 40. They could also do so for up to five years after they reasonably discovered the impact of the abuse.
• California’s standard sexual assault statute of limitations. Under general filing deadlines, some cases could still be eligible to be brought forward.

It’s crucial for survivors to work with a skilled legal professional. An attorney can explain their options for pursuing justice and meet crucial deadlines, thereby preserving the rights of survivors to file a claim.

FAQs

Who Can File a Claim Under the Adult Survivors Act?

Under the Adult Survivors Act, any individual who is an adult and was a survivor of sexual assault, misconduct, or abuse in California can file a claim if they previously could not due to the state’s statute of limitations. The act applies to cases that involve both individual perpetrators and institutions.

Institutions such as school districts can be held accountable for facilitating any instances of abuse, ignoring allegations, or failing to adequately address the situation.

What Types of Cases Qualify Under the Adult Survivors Act?

Type of cases that may qualify under the Adult Survivors Act include any sexual abuse or assault carried out by people like:

• Teachers
• Employers
• Medical providers
• People in authority
• Religious leaders

Cases involving institutional negligence, such as a school or workplace ignoring or attempting to cover up abuse, may also be relevant.

Furthermore, cases involving workplace sexual conduct, where employers did not take adequate steps to protect employees, could qualify.

Does the Adult Survivors Act Apply to Schools, Employers, and Other Institutions?

Yes, the Adult Survivors Act applies to schools, employers, and other institutions. Therefore, not only can survivors of sexual violence bring a civil action against their abuser, but they can also file claims against institutions and organizations that acted wrongfully or negligently, such as by failing to address the situation or prevent it from happening.

Institutions that could potentially be held liable include government agencies, universities, religious organizations, businesses, and schools.

Do Survivors Need Evidence to File a Claim?

No, survivors do not need to have direct physical evidence to file a claim against their abuser or other negligent parties. Although physical evidence can strengthen a case, other forms of documentation, such as medical reports, psychotherapy logs, testimonies from the victim, and statements from witnesses, may be sufficient to support a case under the California Adult Survivors Act.

A skilled attorney can help you collect the required evidence and strengthen your case.

Can a Claim Be Filed If the Abuser Has Never Been Criminally Charged?

Yes, even if the abuser has never been criminally charged, civil claims under the Adult Survivors Act can still be brought forward against the perpetrator. This means law enforcement does not have to file charges before survivors can pursue financial compensation and accountability through a civil claim. An experienced attorney can determine whether your case is eligible for pursuing civil action.

Contact Us Now – Restore Justice to Your Case Under the California Adult Survivors Act

If you or a loved one has previously faced abuse in California, you may have the right to pursue civil action under the California Adult Survivors Act. You can file a claim against the perpetrator, along with any wrongful or negligent institutions that contributed to or covered up your abuse. An empathetic and resourceful attorney from DeMarco Law Firm can work closely with you to understand the details of your case, address any immediate concerns you have, and implement an optimal legal strategy.

Let us help you hold the right people accountable. Contact us today to discuss your situation and work toward achieving justice for what you’ve suffered.