AB 218: Sexual abuse victims get more time to seek justice

Assembly Bill 218 gives victims of childhood sexual assault, once barred by the statute of limitations, a three-year window to seek justice in civil court. They now have the power to expose predators, warn others, end cover-ups, and get sorely needed funds to help make up for years of depression, unemployment, and other debilitating effects of trauma. Also, survivors of childhood sexual assault will have up to their 40th birthday to file a civil suit (currently, survivors have until their 26th birthday), and delayed discovery claims will be extended from three years to five years.

The bill, authored by state Assemblywoman Lorena Gonzalez (D-San Diego) and signed by Gov, Gavin Newsom took effect Jan. 1, giving thousands of suffering Californians a new chance for healing, compensation, and closure, despite decades of hopelessness. The bill also provides for added penalties against institutions that covered up childhood sexual abuse. As has been well-documented with the Catholic Church and Boy Scouts of America, these institutions have been roundly criticized for moving predators around from place to place to avoid accountability. It is anticipated that organizations such as churches and schools that have turned a blind eye to their employees abusing children will have to face responsibility for their actions.

The legislation was introduced following widespread allegations of abuse of minors by Catholic priests as well as the 2018 conviction of Larry Nassar, a former U.S. Olympic gymnastics team doctor, for molesting young athletes. All of USA Swimming, USA Gymnastics, USOPC, and other sports organizations could be especially vulnerable under the new law, which is tripled in cases where a victim's sexually abuse followed efforts to cover up previous sexual abuse cases.

The Boy Scouts of America (BSA) has secretly kept detailed records on thousands of adult volunteers that deemed "ineligible" to volunteer, primarily due to the sexual abuse of children. BSA's corporate records also indicate that the organization chose for decades not to tell Scouts, their parents, or the public about the danger of sexual abuse in Scouting. BSA has enacted safeguards such as mandatory youth protection training, necessary background checks, a ban on one-on-one interactions, mandatory law enforcement reporting, and a volunteer screening database to help keep children safe.

Victims of childhood sexual assault are often not prepared to come forward and report allegations against their abusers until they are in their 40s or 50s. Historically, this has caused many victims' claims to be time-barred as the statute of limitations to file a complaint against a perpetrator passed years or even decades before.

With this law, California lawmakers acknowledge a reality that few legislatures recognize: that it almost inevitably takes decades for people violated as kids to realize they were severely harmed and find the strength and courage to stand up for themselves and safeguard others from going through similar experiences.

John Winer is the founding partner of Winer Burritt & Tillis, LLP. His practice specializes in sexual abuse, workplace sexual harassment and gender discrimination.