California’s New Assembly Bill 2777 defines sexual abuse as any crimes described in various penal code sections, including California Penal Code Section 243.4. In California, a person can face misdemeanor or felony charges if they touch another person’s intimate parts against the person’s will for sexual arousal, sexual gratification, or sexual abuse. Penalties include fines in the thousands and prison time.
If you would like to know how this law could apply to your abuse case, a sexual abuse attorney from our firm can work with you.
What Does Assembly Bill 2777 Address?
Assembly Bill 2777 addresses the time limits for legal action for sexual abuse cases with previously expired statutes of limitations. It amends the Code of Civil Procedure Section 340.16 by changing the statute of limitations for civil cases involving sexual abuse. Under the old law, lawsuits involving sexual abuse must start either:
- Within 10 years from the date of the last act, attempted act, or assault with the intent to commit an act of sexual abuse against the plaintiff; or
- Within three years from the date the plaintiff discovers or reasonably should have discovered they suffered an injury or illness that resulted from an act or attempted act of sexual abuse.
Also, under the old law, these provisions applied to actions brought on or after January 1, 2019.
What Assembly Bill 2777 Changes
Assembly Bill 2777, also called the Sexual Abuse and Cover Up Accountability Act, went into effect on January 1, 2023. It gives some adult survivors more time to file lawsuits in cases with expired statutes of limitations.
Two deadlines apply to these cases, and survivors who can take legal action under this new law fall into two groups.
Sexual abuse survivors whose abuse was covered up can bring forth lawsuits by December 31, 2023, under the following conditions:
- The sexual abuse occurred on or after their 18th birthday.
- An entity, such as an employer, school, or church, bears responsibility for the abuse.
- The entity tried to block the disclosure of information about a previous instance or allegation of sexual abuse (e.g., covering up the incident); and
- The case is filed by the December 31, 2023, deadline.
Adult sexual abuse survivors whose cases were previously barred because of an expired statute of limitations can file a lawsuit by December 31, 2026, if the following apply:
- The sexual abuse occurred on or after their 18th birthday.
- The abuse occurred on or after January 1, 2009; and
- The case could not go forward because its statute of limitations expired.
How Does the Law Define ‘Coverup?’
AB 2777 defines coverup as a planned or coordinated effort to hide evidence of sexual abuse that encourages individuals to stay silent about it. It also says a coverup can be a concerted effort to prevent information about abuse from becoming public or being disclosed to the plaintiff. These actions can include using nondisclosure agreements or confidentiality agreements.
As noted above, people seeking to take legal action by December 31, 2023, must show an attempted coverup occurred. An attorney from our team can help with this task.
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Sexual Abuse Survivors in California Can Enlist an Attorney’s Help With an AB 2777 Case
Now that Assembly Bill 2777 is officially law, some sexual abuse survivors in California may have more time to take legal action against those who harmed them and caused their injuries and pain and suffering. Liable parties could include anyone who enabled the abuse or enabled a coverup of the abuse.
Damages You Could Recover in a Sexual Abuse Case
Attorneys handling these cases can protect survivors’ rights and assess potential financial compensation for economic and non-economic damages.
In California, your recoverable damages could include:
- Medical and rehabilitation expenses
- Mental health therapy and counseling expenses
- Lost income
- Lost earning capacity
- Emotional distress, mental anguish
- Reputational damage, humiliation
- Loss of consortium or companionship
- Loss of enjoyment of life
- Other abuse-related losses
Our Team Can Help Sexual Abuse Survivors Consider Their Legal Options
Working with an attorney on a sexual abuse case also ensures survivors have an advocate who understands their story and will always protect their interests. If you want to pursue a lawsuit under the Sexual Abuse and Cover Up Accountability Act, you can speak with an attorney from our firm to understand what a case involves. Our lawyers can walk you through your options so that you know what to expect. You can decide if and how you want to move forward. An attorney can also:
- Investigate the incident to determine what happened
- Identify all potentially responsible parties
- Gather evidence to support your account of events (e.g., medical records, police reports, witness testimony, security camera footage, and expert witness testimony)
- Manage all case communications (e.g., telephone calls, emails, and other correspondence)
- Seek to negotiate a settlement for your damages
- Represent you in court if necessary
- Update you regularly on your case’s status
Each case is unique in its facts and circumstances. Nevertheless, attorneys can review sexual abuse cases and determine the next steps plaintiffs can take.
Call Greenberg Gross Today – We Can Help With an AB 2777 Case
A California sexual abuse attorney from Greenberg Gross can speak with you during a free, confidential consultation about Assembly Bill 2777, also known as the Sexual Abuse and Cover Up Accountability Act. We can explain how the measure defines sexual abuse and other parts of the law and how it applies to your case. We’re ready to hear from you to learn how our attorneys can help. Call us now to speak with a team member today.
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