Window for all ages to file child abuse suits closes soon

A temporary window for childhood sexual assault survivors of any age to file civil lawsuits in California will close at the end of the year. The three-year window, which was part of a bill passed in 2019, is set to close on Dec. 31, narrowing the age range for potential filers to between 26 and 40.

“The window is about to close, probably forever, for many, many people to bring a civil claim,” Paul T. Llewellyn of Lewis & Llewellyn LLP said Monday.

The firm has spent the past three years handling claims made possible by Assembly Bill 218, which allowed survivors of childhood sexual abuse to bring civil lawsuits against perpetrators and enablers no matter how long ago the acts occurred.

“Critically, this statute included a three-year lookback window for people who bring a claim [for which the] statute of limitations had previously expired,” Llewellyn said in a phone interview.

“What this meant in practice is that anyone who has a civil claim arising out of childhood sexual abuse could bring a claim for three years, no matter how old they were,” he said.

The approaching deadline is especially troubling in light of “truly horrifying” statistics surrounding childhood sex abuse, Llewellyn said.

“It’s been reported that one in four girls and one in six boys are survivors of childhood sexual abuse,” he said. “That means in California there are tens, perhaps hundreds of thousands of people or more who were survivors of childhood sexual abuse who have a potential claim against individuals or against institutions, and yet that window is about the expire for them to bring a civil claim and they, in all likelihood, may not even know that.”

Furthermore, Llewellyn said, statistics suggest that the average age that survivors report their abuse is 52.

“It can be incredibly difficult for people to come forward and disclose the fact – to come to terms with the fact that they were abused as a child – and when they finally do have the bravery to disclose it, to come forward, they will find in all likelihood after December that unfortunately, it may well be too late to bring a civil claim to hold those accountable who caused the abuse,” he said.

A similar lookback window was passed by the New York legislature in 2019. Like AB218, the Child Victims Act expanded the age range for adults to file childhood sexual abuse claims up to age 55, while creating a one-year lookback window for survivors of all ages.

According to New York Assemblymember Linda B. Rosenthal, the final weeks before that window closed saw “almost a thousand extra cases” filed.

“I think that a lot of people waited until the last moment and then filed, so you probably would have the same situation in California,” Rosenthal said in a phone call.

J. Michael Hennigan, who has defended against childhood sexual abuse lawsuits with McKool Smith in Los Angeles, recalled the same effect when the window was previously opened in California from 2002 to 2003.

“At the end of the one-year period, we got a bunch of cases that were filed in around December,” Hennigan said. “This is a three-year window so we’re anticipating the same kind of thing toward the end of that period.”

Several attorneys worry that many survivors throughout the state might still be unaware of their opportunity to file.

“I don’t feel that we could ever have enough of an effort to come forward and make this known,” said Jemma E. Dunn of Greenberg Gross LLP in Costa Mesa.

Dunn said that while her firm has over 150 open matters stemming from AB218, they still receive calls from potential clients who are only just learning about the window.

According to Llewellyn, his firm has recovered tens of millions of dollars on behalf of survivors during the time the filing window has been open.

“What we’re hearing even from our clients is, ‘I had no idea that I could still bring a civil claim,’” he said. “So it’s critical that awareness is raised about this, because this window for many people is about to close forever.”

As the deadline approaches, Llewellyn says his firm has made it a priority to get the word out.

“If anyone has a potential claim, I would encourage them to either contact us or contact another firm experienced in handling these types of matters so that they can evaluate their claim, discuss whether they have a potential claim and whether it would be advisable to file suit before this deadline expires,” he said.

Dunn echoed this sentiment in offering her own advice to potential claimants.

“We only have less than three months left in this window, and I would hate to have anybody miss this opportunity at this time, so just please call anyone, call the attorneys, just ask. It’s important for everybody,” she said.