Sexual assault: statute of limitations.

Plain English Breakdown

The bill does not specify the exact effective date, but it mentions January 1, 2026, as a key date.

Extending Time for Sexual Assault Victims to Sue

This law extends the time period during which victims of sexual assault can file lawsuits against entities or individuals who are legally responsible and have covered up past incidents of sexual assault, with certain limitations.

What This Bill Does

• Allows victims of sexual assault to sue if their case would normally be too old because it happened before January 1, 2026.
• Requires that the lawsuit must show that someone tried to hide information about a previous sexual assault.
• Lets victims also sue the person who did the assault, not just the people or groups covering up the crime.
• Exempts public entities from being sued under these rules and says they do not have to pay for damages caused by those who committed assaults.

Who It Names or Affects

• Victims of sexual assault
• People or organizations that might be responsible for past cover-ups of sexual assault cases

Terms To Know

statute of limitations

A law that sets a time limit on when someone can file a lawsuit.

cover up

When someone tries to hide information about something bad that happened, like a crime or an accident.

Limits and Unknowns

• Public entities are exempt from these rules and do not have to pay for damages caused by those who committed sexual assaults.
• The bill does not specify the exact effective date but mentions January 1, 2026, as a key date.

Official Summary Text

AB 250, Aguiar-Curry.
Sexual assault: statute of limitations.
Existing law revives certain claims seeking to recover damages suffered as a result of a sexual assault that occurred on or after the plaintiff’s 18th birthday when one or more entities are legally responsible for damages and the entity or their agents engaged in a cover up, as defined, that would otherwise be barred prior to January 1, 2023, solely because the applicable statute of limitations has or had expired. Existing law authorizes a cause of action for any such claim to proceed if already pending in court on January 1, 2023, or, if not filed by that date, to be commenced between January 1, 2023, and December 31, 2023. Existing law revives such claims brought by a plaintiff who alleges all of the following: (1) the plaintiff was sexually assaulted, (2) one or more entities are legally responsible for damages arising out of the assault, and (3) the entity or entities engaged in a
cover up or attempted cover up, as defined, of a previous instance or allegations of sexual assault.
This bill would extend the eligibility period for revival of claims of the type described above to include claims that would otherwise be barred prior to January 1, 2026, because the applicable statute of limitations has or had expired. The bill would instead require a revived claim against an entity, as defined, to allege that the plaintiff was sexually assaulted and that (1) one or more entities or persons are legally responsible for damages arising out of sexual assault by an alleged perpetrator against the plaintiff, and (2) an entity or entities, including their specified representatives, engaged in a cover up or attempted a cover up of a previous instance or allegations of sexual assault by an alleged perpetrator. The bill would additionally revive a claim against the person who committed the sexual assault brought by a plaintiff who alleges, among other
things, that one or more entities or persons are legally responsible for damages arising out of the sexual assault. The bill would specify that failure to allege a cover up as to one entity does not affect revival of a claim or claims against any other entity or person, including the perpetrator. The bill would permit a cause of action for any such claim to proceed if already pending in court on the effective date of the bill or, if not filed by that date, to be commenced between January 1, 2026, and December 31, 2027. The bill would exempt public entities from these provisions and would provide that public entities are not required to indemnify perpetrators of sexual assault, as specified. The bill would make conforming changes.

Current Bill Text

Download Bill PDF