For a sexual assault that occurred on or after the plaintiff’s 18th birthday, Code of Civil Procedure section 340.16 sets the time to commence a civil action as the later of two periods. One period is 10 years from the date of the last act, attempted act, or assault with the intent to commit an act, of sexual assault against the plaintiff. The other is three years from the date the plaintiff discovers or reasonably should have discovered that an injury or illness resulted from such an act. The section also revives certain claims, which may be commenced until December 31, 2026, and separately revives certain claims, which may be commenced between January 1, 2026 and December 31, 2027. For a claim against a public entity for injury to a person, Government Code section 911.2 provides that the claim shall be presented not later than six months after the accrual of the cause of action. This page states the words of section 340.16. It does not state which period covers a particular claim.
The general filing period
Under section 340.16, subdivision (a), for a sexual assault that occurred on or after the plaintiff’s 18th birthday, the time for commencement of the action is “the later of the following” two periods. Under subdivision (a)(1) of section 340.16, the first period runs “within 10 years from the date of the last act, attempted act, or assault with the intent to commit an act, of sexual assault against the plaintiff.” Under subdivision (a)(2) of section 340.16, the second period runs “within three years from the date the plaintiff discovers or reasonably should have discovered that an injury or illness resulted from an act, attempted act, or assault with the intent to commit an act, of sexual assault against the plaintiff.” For purposes of section 340.16, sexual assault means any of the crimes described in Penal Code sections 243.4, 261, 264.1, 286, 287, or 289, or former sections 262 and 288a, assault with the intent to commit any of those crimes, or an attempt to commit any of those crimes. A criminal prosecution or other proceeding is not necessary, and if one was brought, it need not have resulted in a conviction or adjudication.
Claims against a public entity
Under Government Code section 811.2, “public entity” includes “the state, the Regents of the University of California, the Trustees of the California State University and the California State University, a county, city, district, public authority, public agency, and any other political subdivision or public corporation in the State.” Government Code section 911.2 applies to a claim against a public entity for injury to a person. It provides that the claim shall be presented to that entity “not later than six months after the accrual of the cause of action.”
Except as sections 946.4 and 946.6 provide, Government Code section 945.6 requires a lawsuit against a public entity on a cause of action that requires a claim, if written notice is given in accordance with section 913, to be commenced “not later than six months after the date such notice is personally delivered or deposited in the mail.” If that notice is not given, section 945.6 requires the lawsuit to be commenced “within two years from the accrual of the cause of action.”
The revival window that runs until December 31, 2026
Assembly Bill 2777 was approved by the Governor on September 19, 2022, amending section 340.16. Subdivision (b)(3) of section 340.16 applies to an action described in subdivision (a) that is based upon conduct that occurred on or after January 1, 2009, that is commenced on or after January 1, 2019, and that would have been barred solely because the applicable statute of limitations has or had expired. Such claims “are hereby revived and may be commenced until December 31, 2026.” This subdivision “does not revive” a claim that has been litigated to finality in a court of competent jurisdiction before January 1, 2023, or a claim that has been compromised by a written settlement agreement between the parties entered into before January 1, 2023.
The revival window that runs until December 31, 2027
Assembly Bill 250 was approved by the Governor on October 13, 2025, amending section 340.16 effective January 1, 2026. Subdivision (e)(1) of section 340.16 revives a claim for a sexual assault that occurred on or after the plaintiff’s 18th birthday that would otherwise be barred before January 1, 2026 solely because the applicable statute of limitations has or had expired. The claim may proceed if already pending in court on January 1, 2026, or, if not filed by that date, may be commenced between January 1, 2026, and December 31, 2027. Subdivision (e)(3) revives claims against the perpetrator brought by a plaintiff who alleges the assault and that one or more entities or persons, including the perpetrator, are legally responsible for damages arising out of the sexual assault against the plaintiff. Subdivision (e)(2) revives claims against an entity brought by a plaintiff who alleges the assault and both of two things. One is that one or more entities or persons, including the perpetrator, are legally responsible for damages arising out of the sexual assault. The other is that an entity, including its officers, directors, representatives, employees, or agents, engaged in a cover up or attempted a cover up of “a previous instance or allegations” of sexual assault by an alleged perpetrator. Failure to allege a cover up as to one entity “does not affect revival” of the plaintiff’s claim against any other entity or person, including the perpetrator. Cover up means “a concerted effort to hide evidence relating to a sexual assault that incentivizes individuals to remain silent or prevents information relating to a sexual assault from becoming public or being disclosed to the plaintiff, including, but not limited to, the use of nondisclosure agreements or confidentiality agreements.” Entity means “a sole proprietorship, partnership, limited liability company, corporation, association, or other legal entity, other than a public entity.” Legally responsible means liable under any theory of liability established by statute or common law, including, but not limited to, negligence, intentional torts, and vicarious liability. Subdivision (e)(6) revives related claims, including, but not limited to, wrongful termination and sexual harassment, arising out of the sexual assault that is the basis for a claim under the subdivision. Subdivision (e)(7) “does not revive” three kinds of claims. It does not revive a claim litigated to finality in a court of competent jurisdiction before January 1, 2026. It does not revive a claim compromised by a written settlement agreement between the parties entered into before January 1, 2026. It does not revive a claim, including a direct claim, derivative claim, or vicarious liability claim, brought against a public entity. Subdivision (e)(9) states that nothing in the subdivision precludes a plaintiff from bringing an action for sexual assault under subdivisions (a) and (b).
Related reading
Our article on filing a lawsuit for child sexual abuse covers claims for an assault that occurred before age 18. You can also read how the firm handles child sexual abuse cases and personal injury claims.
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