2026 California Statute of Limitations Guide for Survivors

Survivors should not need a law degree to understand the deadlines and rules that govern their rights. Unfortunately, many legal websites are written in dense jargon that can make it hard to know whether you still have time to file a civil claim, whether an old NDA can still silence you, or how California is handling its DNA evidence kit backlog. Hopefully, this resource article explains everything to you in clear, accessible language so you can understand your rights in California.

California’s Statutes of Limitations for Sexual Abuse in 2026

California currently has some of the most survivor-focused laws in the country, but the rules differ depending on whether the survivor was a child or an adult, and whether the case is civil or criminal.

Civil Claims for Childhood Sexual Abuse

Under current California law, survivors of childhood sexual abuse may file a civil lawsuit until age 40 or within five years of discovering that their emotional injuries were caused by the abuse. This “delayed discovery rule” is important because many survivors do not connect the dots until adulthood. A three-year revival window (2020 to 2023) temporarily allowed all childhood survivors, regardless of age, to file claims that were previously time-barred. That window is now closed as of December 31, 2023.

So, suppose you were abused in 1987 at age 12 and are now 50, you may still have a claim if you made the emotional connection to the abuse within the past five years. You no longer qualify under the age-based rule, but the discovery rule may still apply. Courts interpret discovery broadly because trauma often delays understanding for decades.

Civil Claims for Adult Survivors

Adult survivors in California generally have 10 years from the date of the assault or three years from discovery of the link between the trauma and the abuse. This extended filing period stems from AB 1619 and remains in effect in 2026. For example, someone assaulted in 2012 as an adult may still be able to file if discovery occurred recently.

Criminal Statutes of Limitations

California has removed the statute of limitations for many felony sexual assaults. This means prosecutors may file charges at any time if the offense qualifies as a felony under current law. (Only prosecutors, typically District Attorneys, file criminal charges.) Some lower-level offenses may still have deadlines, but for many survivors, criminal prosecution remains possible even decades later.

Non-Disclosure Agreements (NDAs) and Sexual Misconduct Cases

California restricts the use of NDAs that silence survivors. Under SB 820 and SB 331, NDAs cannot prevent survivors from discussing sexual abuse, harassment, discrimination, retaliation, or workplace misconduct. Survivors may choose confidentiality about their own identity, but they cannot be barred from speaking about the harm they endured or the conduct of the abuser or institution.

Suppose, for example, a camp counselor abused you as a teen and your parents signed an NDA in exchange for compensation, that NDA cannot stop you from reporting the abuse or pursuing civil action today. Although the NDA is invalid, your civil claim would still depend on the relevant statute of limitations.

California’s 2026 Evidence Kit Backlog and Reform Efforts

California now requires law enforcement to submit evidence kits (aka “rape kits”) to a crime lab within 20 days and requires labs to test them within 120 days. These rules aim to prevent the long delays that once left thousands of kits untested. (Thanks go, in large part, to EndTheBacklog.org for this legislative advancement.) Survivors also have the right to know whether their kit has been tested, to access updates through a secure tracking system, and to learn whether DNA analysis produced a match.

Pending 2026 proposals include increased funding for rural backlog testing, expanded reporting requirements for law enforcement agencies, and grants to support survivor advocacy programs. While the backlog is smaller than in previous years, advocates continue to note inconsistencies across counties, staffing shortages, and situations where survivors are not promptly notified.

Long delays in testing and inconsistent enforcement across counties continue to leave survivors waiting for information and accountability. These gaps show why continued reform is necessary and why survivor advocacy remains central to California’s progress.

Key Takeaways for 2026

You may still have a civil claim even if decades have passed; the delayed discovery rule can extend the filing timeline. Criminal charges may still be possible because California has eliminated the statute of limitations for many felony sexual assaults. NDAs cannot silence survivors; California law makes these agreements unenforceable. Rape kit reforms give survivors enforceable rights to testing, tracking, and updates. Legislative changes expected in 2026 focus on transparency, survivor access, and backlog reduction.