School Sexual Abuse Lawyer in Bakersfield, California
Filing Deadlines for Survivors in California
California has changed its laws to give survivors of childhood sexual abuse much more time to file a civil claim, in recognition of how long it often takes to come forward. Assembly Bill 218, known as the California Child Victims Act, extended this deadline.
Survivors of abuse that occurred before January 1, 2024 generally have until age 40 (22 years from the age of majority) to file a claim, or until five years from the date that they discover (or reasonably should have discovered) that their psychological injury or illness was caused by sexual abuse or assault. For abuse that occurred on or after January 1, 2024, California has removed the filing deadline entirely, so there is no time limit to bring a claim. (Code Civ. Proc., § 340.1)
For a public school district, these claims are also treated differently from an ordinary school injury. A survivor generally does not have to file a government claim within the usual short deadline before bringing a childhood sexual abuse case. However, this is still a developing area of California law; speak to an attorney for advice regarding your specific circumstances.
How a Civil Lawsuit Works Alongside a Criminal Case
A civil claim and a criminal case are entirely separate. The decision to bring criminal charges is one made by the government; a civil claim, on the other hand, is brought by a survivor or their family. Its purpose is accountability and compensation for the harm done, and it can move forward whether or not there was a criminal case at all.
A civil claim also has a lower standard of proof than a criminal prosecution, which is one reason a claim may succeed in civil court even if criminal charges did not. Because a civil claim can also be filed against an institution that enabled the abuse, such as a school district, it can hold parties accountable that a criminal case cannot.
Protecting a Survivor’s Privacy
Privacy is often a central concern in these cases. Under California law, survivors are frequently able to file using a pseudonym, such as Jane Doe or John Doe, so that their name does not appear in the public record. Whether this is available depends on the case, but courts commonly allow it in sexual abuse matters.
Beyond the court filing, much of the process happens privately. Because records can be protected and settlement terms are often confidential, survivors can typically control what they share and when. Chain | Cohn | Clark handles these cases with discretion; we will explain the available privacy protections before any step is taken.
Accountability and Compensation
A civil claim can seek compensation for the lasting effects of abuse, including the cost of mental health treatment and related medical care, as well as damages to cover the effect on a survivor’s education, work, and relationships over time.
For many survivors, accountability matters as much as compensation. A claim can require an institution to answer for abuse and to change the practices that allowed it to happen. This is also why these cases often name the institution, such as a school district, alongside the individual who committed the acts of abuse: the institution has a legal duty to keep its students safe. Related sexual abuse claims outside a school setting follow many of these same principles.
Frequently Asked Questions About School Sexual Abuse Claims
Yes. You can pursue a civil claim whether or not criminal charges were filed.
Assembly Bill 218, known as the California Child Victims Act, extended the filing deadline for survivors of childhood sexual abuse that occurred before January 1, 2024. For abuse occurring on or after January 1, 2024, California has removed the filing deadline entirely.
Often, yes. California courts frequently allow survivors of sexual abuse to file using a pseudonym, such as Jane Doe or John Doe, so their name is not part of the public record. Whether this protection applies depends on the case, and a lawyer can explain how it works and what other privacy protections may be available.
Both the individual who committed the abuse and the school can potentially be held responsible. A school district or other institution can also potentially be held liable when its own negligence allowed the abuse to happen.
Working With Chain | Cohn | Clark
Chain | Cohn | Clark has represented injured people and their families in Bakersfield and across Kern County since 1934. The firm handles sexual abuse claims with sensitivity and discretion, and works on a contingency fee basis, which means you don’t pay unless your claim is successful. Consultation is free and confidential. Contact us today to talk to an attorney about your options.
Immediate Support
If you or someone you know is in immediate danger, call 911. For free, confidential support at any time, the RAINN National Sexual Assault Hotline is available at 1-800-656-4673 and through online chat. To report suspected abuse of a child, the Childhelp National Child Abuse Hotline is available at 1-800-422-4453.
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