California Policy: Re-Evaluating Accountability for Childhood Sex Abuse and Public Entity Sovereignty

In 2019, Governor Newsom signed the California Child Victims Act, which expanded the time to file lawsuits for childhood sex abuse. The Act opened a three-year “look back window” for childhood sex abuse claims that had previously been closed due to the statute of limitations. 

Anyone could file a childhood sex abuse claim during this window, regardless of when the abuse occurred. The window was from January 1, 2020, to December 31, 2022. The traditional deadline was 10 years from the date of the incident or 3 years from the date of discovery of the injury. The California Child Victims Act also awarded treble damages to victims, allowing victims who prevailed at trial to recover three times their base damages from defendants who engaged in or attempted to conceal child sex abuse.

Since the Child Victims Act passed, school districts, churches, and other public entities have spent billions against the onslaught of lawsuits that the Act made possible. Lawmakers in Sacramento are considering amending the Child Victims Act to help these entities stay afloat, but with the Act now six years old, it will be difficult to contain the lawsuits that have been allowed to proceed.

The Debate Over Statutes of Limitations in Criminal Cases

There are certain crimes that are so horrendous that there shouldn’t be a deadline for seeking justice for them. Those crimes, of course, should be the worst ones of all – murder and rape. First, if people believe that murder or rape is acceptable because of the mere passage of time, they may be incentivized to do so again. The safety of the community requires that murderers and rapists be held accountable regardless of how much time has passed. The victims or their families may also need closure to heal. If their abusers are allowed to walk free, the victims may not fully recover psychologically.

The Potential for Injustice in the Absence of Verifiable Evidence

For cases going back decades to the 1970s or 1980s, there are significant evidentiary issues. Many witnesses have passed away, have mental health conditions such as Alzheimer’s, or are just so old that they’ve forgotten relevant events. Documents have since been misplaced, destroyed, or simply lost to time. The actual perpetrators may already be deceased or suffering from a health condition like dementia that makes it impossible for them to understand what is going on.

Moreover, school districts, sports leagues, and churches still provide essential services for their constituents today. If these defendants are forced into bankruptcy and dissolved, it will be the present-day children who would lose significant resources and support that would otherwise help them live productive lives.   

Finally, most of the people involved in the organizations today were not involved when those abuses took place. If the current leadership or management are in their thirties or forties, but the abuse occurred in the 1970s, those managers or directors probably weren’t even born yet. They would have no context for what their organization is being accused of and would not be able to defend their organization or help the victims find the closure they may be looking for.

Do I Need the Help of a Personal Injury Attorney?

If you have sustained a personal injury through the unlawful act of another, then you should contact a personal injury attorney. A skilled personal injury lawyer near you can review the facts of your case, go over your rights and options, and represent you at hearings and in court.