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At PCVA Attorneys At Law, we are deeply committed to serving survivors of sexual abuse and assault in CA, particularly those who have endured the trauma during their childhood. The journey towards seeking justice can be laden with complexities, especially regarding legal deadlines. We’re here to guide and empower you through every step.
Jason Amala, Esq.
Sexual Abuse Attorney
PCVA Attorneys At Law
3516 Sacramento Street
San Francisco, CA 94118
In legal terms, the "statute of limitations" refers to the prescribed period within which legal action can be initiated. Beyond this period, the courts generally won't entertain a lawsuit, regardless of its merits.
Sexual abuse or assault, especially when experienced as a child, often has lasting emotional and psychological impacts. The trauma can lead survivors to repress memories or avoid addressing the abuse for years or even decades. Recognizing the unique and sensitive nature of these cases, California has updated its laws to provide survivors with a broader timeframe to seek justice.
Delayed Reporting: In many instances, the survivor might only come to terms with the abuse or gather the courage to speak about it years later. California law accounts for this, allowing a survivor to file a lawsuit until their 40th birthday or within five years of discovering the abuse's psychological injury or illness, whichever is later.
New Windows of Opportunity: In 2019, with the signing of AB 218 into law, California provided a three-year window (from January 1, 2020, to December 31, 2022) during which any survivor of child sexual assault, irrespective of their age, could file a lawsuit. This window was designed to accommodate those who may have missed the previous deadlines.
Institutional Responsibility: Entities, such as schools, churches, or other organizations, can also be held accountable if they fail to prevent the abuse. The law acknowledges the potential culpability of institutions that might have turned a blind eye or actively protected the abusers.
For adults who experience sexual assault, the statute of limitations is generally ten years from the date of the offense. However, if during this period, new DNA evidence emerges linking the perpetrator to the crime, the survivor has an additional year from the date this evidence is discovered to file a lawsuit.
Consultation: If you or someone you know is a survivor, seeking legal consultation at the earliest can make a significant difference. PCVA Attorneys At Law offers a confidential free consultation, ensuring a safe space for you to discuss and explore your options.
Documentation: While memories can be painful, documenting any details, no matter how minor they might seem, can be crucial for your case. This includes recalling dates, locations, potential witnesses, or any other relevant details.
Therapeutic Support: Seeking therapy or counseling can be a crucial part of healing. Not only does it offer emotional and psychological relief, but therapist records can sometimes provide valuable evidence in your lawsuit.
The journey towards justice can be arduous, but you're not alone. At PCVA Attorneys At Law, we are more than just legal representatives. We are advocates who understand the depth of trauma, the bravery in speaking out, and the necessity for justice and healing.
If you’re looking to explore your legal rights or need guidance on the statute of limitations in California, please contact us today. Together, we can work towards justice and closure.
To learn more about how the legal team at PCVA Attorneys At Law can help you, check out this website.
