CA Opens 2-Year Window: Sexual Assault Survivors Can Sue After Decades

Historic Legal Window Opens for California Sexual Assault Survivors

California has opened a groundbreaking two-year legal window that could impact thousands of sexual assault survivors across the state. Assembly Bill 250 (AB 250), also known as the Justice for Survivors of Sexual Assault Act, went into effect on January 1, 2026, creating an unprecedented opportunity for adult survivors to seek justice through civil courts [1].

The AB 250 Revival Window: What Survivors Need to Know

The legislation establishes a revival window running from January 1, 2026, to December 31, 2027, allowing adult survivors of sexual assault to file civil lawsuits even if the statute of limitations expired decades ago [2]. This applies specifically to abuse that occurred when the survivor was 18 years or older, giving voice to countless individuals whose legal options had previously vanished.

Survivors must file by December 31, 2027, to preserve their legal rights, and legal experts strongly advise filing early to ensure access to evidence, witnesses, and qualified attorneys [3]. The standard of evidence remains the same as other civil cases: preponderance of the evidence, giving survivors renewed access to civil courts.

Who Can Be Sued Under the New Law

AB 250 significantly expands the scope of potential defendants beyond just individual perpetrators [4]. Survivors can now file lawsuits against both the perpetrator and private institutions that enabled, ignored, or covered up the misconduct [4]. This includes private employers, business owners, churches, hospitals, and private schools.

The measure also applies to cases alleging that an entity participated in a cover-up of prior accusations against the perpetrator, addressing institutional complicity in sexual assault. Additionally, AB 250 revives related claims, including wrongful termination and sexual harassment cases connected to the original assault.

Important Limitations and Exclusions

However, the revival window comes with significant limitations. Cases involving public entities like government schools and police departments are excluded from AB 250's provisions [5]. Claims against government agencies must follow different legal procedures and timelines.

This distinction between private and public entities represents a crucial limitation that survivors must understand when evaluating their potential legal options under the new law.

Building on Previous Legislation

AB 250 builds upon previous California legislation, including AB 2777, which also addressed statute of limitations issues for sexual assault cases [6]. However, AB 250 represents a significant expansion by allowing lawsuits directly against perpetrators, not just entities that covered up assaults [7].

This evolution in California law demonstrates the state's commitment to providing comprehensive legal remedies for sexual assault survivors, regardless of when the abuse occurred.

Industry and Legal Community Response

The legislation has generated mixed reactions from various stakeholders. The Civil Justice Association of California has expressed concerns that AB 250 could lead to business failures as defendants struggle to defend against allegations that are years or decades old. They argue that fairness and due process are foundational principles that may be compromised by such extended revival windows.

Legal experts recommend that private employers proactively revise confidentiality and non-disclosure agreements to include carve-outs allowing signatories to report sexual harassment or assault. Companies are also advised to audit previous settlement agreements in light of the new legislation.

What This Means for Survivors

For adult survivors of sexual assault in California, AB 250 represents a historic opportunity to seek justice and accountability through the civil court system. The law applies regardless of when the assault occurred, provided survivors meet the eligibility criteria and file within the two-year window.

The legislation acknowledges the reality that many survivors need time to process trauma and may not be ready to pursue legal action within traditional statute of limitations periods. By creating this revival window, California joins other states in recognizing the unique challenges faced by sexual assault survivors in seeking justice.

Critical Deadlines and Next Steps

With the window now open and running until December 31, 2027, time is of the essence for eligible survivors [2]. Legal experts emphasize the importance of acting quickly to preserve evidence, locate witnesses, and secure qualified legal representation [3].

As this legislation is newly enacted, there are no specific settlements or verdicts available yet to gauge the law's impact. However, the comprehensive scope of AB 250 suggests it could lead to significant legal actions against both individual perpetrators and institutional defendants across California.

Survivors considering legal action under AB 250 should consult with experienced attorneys who understand the nuances of sexual assault law and the specific provisions of this new legislation.