Bill would reopen civil claims for adult sexual assault survivors

Lawmakers are poised to extend a statute of limitations once again for civil sexual assault cases--and business groups are worried.

AB 250 would reopen time-barred claims for sexual assaults that occurred after the victim's 18th birthday. It would close loopholes in earlier laws that had excluded some victims.

It passed the Senate Judiciary Committee late Tuesday near the end of a marathon hearing. The 10-1 vote occurred against the backdrop of two other high-profile events. Earlier on Tuesday, the Roman Catholic Diocese of Fresno became the sixth in the state to file for Chapter 11 protection over the past three years. Each of those filings was prompted by AB 218, a 2019 law that opened a new three-year window for victims in older clergy abuse cases to seek damages.

On Wednesday morning, a New York jury acquitted rapper and music producer Sean "Diddy" Combs of the most serious criminal charges against him, though he could still face prison time for other counts related to sexual trafficking. The star witness appearing at the Senate hearing on Tuesday was television producer Amaya Alexander. She said she was pressured into a sexual relationship, threatened and forced to sign a nondisclosure agreement by a man working for Combs. She described how victims are pressured to stay quiet.

"At this very moment, a New York jury deliberates the fate of the man who I should have been able to report this abuse to, his supervisor and company CEO Sean 'Diddy' Combs," Alexander said. "He is the reason I did not go to HR or to the police, even years after my perpetrator's death. I knew he was powerful, violent, and vengeful, so I stayed quiet and tried to move on."

"AB 250 will strengthen protections for survivors of sexual assault and ensure their ability to fully access the justice system," said the bill's author, Assemblymember Cecilia Aguiar-Curry, D-Winters. "A sexual assault occurs every 68 seconds and it's not just women who are affected by sexual violence."

She added, "Sexual assaults are made worse by acts of sexual harassment and wrongful termination, too often including a culture of cover-up. This bill will deliver a clear message that all perpetrators and the institutions that enable their abuse will no longer be shielded."

Sen. Roger Niello, R-Fair Oaks, provided the only no vote. He questioned why another bill was needed and why AB 250 did not apply to governmental entities.

Aguiar-Curry replied that government agencies were covered by "other legislation." She said her legislation built on AB 2777, a 2022 law that opened a retroactive window on some time-based claims until the end of this year. AB 250 would add one more year, until 2027, and clarify that plaintiffs can pursue damages against companies or other entities that engaged in cover-ups.

The bill is sponsored by the California Employment Lawyers Association and backed by several labor groups and the Consumer Attorneys of California. The Civil Justice Association of California is leading the opposition. In a letter to lawmakers, it claimed the current limits--10 years from the time of the assault "or three years from the date the plaintiff discovered that he or she was injured"--are adequate.

"There will always be sympathetic plaintiffs, popular causes, and unpopular industries, but we should not disregard a key element of the civil justice system that protects the accuracy and reliability of decisions about liability and safeguards due process," stated the letter quoted in the committee analysis.