2026 California Statute of Limitations Guide for Survivors

Survivors shouldn’t need a law degree to understand the deadlines that affect their rights.

California has expanded the time available to many survivors of sexual abuse, but the rules depend on several things: whether the abuse happened when you were a child or an adult, when it occurred, whether you recently discovered the connection between the abuse and your injuries, and whether a special revival window applies.

That means an old claim is not necessarily a closed claim.

This guide explains the major California rules in plain language, including civil filing deadlines, criminal statutes of limitations, confidentiality agreements and sexual assault evidence-kit protections.

California Civil Deadlines for Childhood Sexual Abuse

California now treats newer childhood sexual abuse claims differently from older ones.

Abuse Occurring on or After January 1, 2024

For childhood sexual assault occurring on or after January 1, 2024, California law now imposes no civil statute of limitations.

In other words, a survivor does not lose the right to bring a civil claim simply because a certain number of years have passed.

This change came through Assembly Bill (AB) 452 and applies prospectively to abuse occurring beginning January 1, 2024.

Abuse Occurring Before January 1, 2024

Older childhood sexual abuse claims remain subject to the law that was in effect on December 31, 2023.

Generally, that means a survivor may file until age 40 or within five years after discovering, or reasonably being expected to discover, that psychological injury or illness was caused by the childhood sexual abuse.

That discovery rule has been instituted because survivors may not understand the connection between earlier abuse and later emotional or psychological harm until adulthood.

The exact application of the rule depends on the facts of the case, so survivors should not assume an older claim is barred simply because they are over 40.

California’s Earlier Childhood Abuse Revival Window Is Closed

California previously opened a three-year revival window under AB 218 that allowed many otherwise time-barred childhood sexual abuse claims to be filed.

That window ran from January 1, 2020 through December 31, 2022.

It is now closed.

However, that does not mean every older claim is barred. The age-based rule, discovery rule and other provisions may still apply depending on the circumstances.

Civil Claims for Adult Sexual Assault

For sexual assault occurring on or after a survivor’s 18th birthday, California generally allows a civil lawsuit to be filed by the later of:

• 10 years from the date of the last qualifying assault; or
• three years from the date the survivor discovered, or reasonably should have discovered, that an injury or illness resulted from the assault.

These deadlines appear in California Code of Civil Procedure § 340.16.

A New 2026–2027 Revival Window for Adult Survivors

California also opened a new revival window beginning January 1, 2026.

Under current law, certain adult sexual assault claims that would otherwise be time-barred may be filed between January 1, 2026 and December 31, 2027.

The revival provision may also apply to claims against private entities that are alleged to be legally responsible for damages connected to the assault.

It does not revive every possible claim. For example, claims previously litigated to finality or resolved by certain written settlement agreements are excluded, and special rules apply to claims involving public entities.

Because this window is temporary, survivors with older adult sexual assault claims should not assume they have unlimited time to act.

Criminal Statutes of Limitations

California has eliminated the criminal statute of limitations for a number of serious felony sex offenses.

For qualifying crimes, prosecutors may bring charges at any time.

But the rule is not retroactive in every situation. The law generally applies to qualifying crimes committed on or after January 1, 2017 and to certain older crimes whose previous statute of limitations had not yet expired when the law took effect.

Other sex offenses may still be subject to different deadlines.

Only prosecutors can file criminal charges, and the applicable deadline depends on the specific offense and when it occurred.

Confidentiality Agreements and Sexual Misconduct

California has limited the use of confidentiality provisions that can prevent people from discussing sexual misconduct and other unlawful workplace conduct.

The 2018 STAND Act, SB 820, generally prohibits settlement agreements from preventing disclosure of factual information related to claims involving sexual assault, sexual harassment and certain related misconduct. A claimant may still request confidentiality regarding their own identity, and the law does not prohibit keeping the settlement amount confidential.

California’s Senate Bill 331, known as the “Silenced No More Act”, took effect on January 1, 2022. It expanded restrictions on non-disclosure and non-disparagement provisions in employment-related agreements involving workplace discrimination, harassment and retaliation, including conduct beyond sex-based claims.

In practical terms, an employer generally cannot use a settlement, separation or non-disparagement agreement to prevent a worker from discussing factual information about unlawful workplace conduct covered by the law.

These protections do not make every confidentiality provision invalid. Agreements may still protect trade secrets, proprietary information and certain other confidential business information.

For survivors, the key point is that California law may limit an employer’s or institution’s ability to use an NDA or similar agreement to silence discussion of unlawful conduct. Whether a particular agreement is enforceable can depend on when it was signed, what type of agreement it is and what claims it covers.

If a survivor is concerned that an NDA or settlement agreement may restrict what they can say, the safest course is to have the actual agreement reviewed rather than assuming it is enforceable or unenforceable.

California Sexual Assault Evidence-Kit Rules

California law requires qualifying sexual assault forensic evidence to move through the system within specific time frames.

Law enforcement generally must submit sexual assault forensic evidence to a crime lab within 20 days after it is booked into evidence.

The crime lab generally must process the evidence, create a DNA profile when possible and upload qualifying DNA information to CODIS within 120 days after receiving it.

Survivors can also privately check the status of their sexual assault evidence kit through the California Department of Justice’s tracking system.

The state’s portal can show whether a kit has been received, sent to a crime lab or processed.

Key Takeaways for California Survivors in 2026

California’s sexual abuse filing rules are more survivor-friendly than they were several years ago, but they are also more complicated.

Childhood sexual assault occurring on or after January 1, 2024 has no civil filing deadline. Older childhood claims remain subject to the prior age-40 and five-year discovery rules.

Adult survivors generally have 10 years from the assault or three years from discovery, whichever is later. In addition, a temporary 2026–2027 revival window may reopen certain adult sexual assault claims that had previously expired.

Many serious felony sexual offenses also no longer have a criminal statute of limitations, although the exact rule depends on the offense and when it occurred.

And California’s evidence-kit laws give survivors stronger protections regarding submission, testing and access to status information.

Frequently Asked Questions About California Sexual Abuse Deadlines

How long do I have to file a sexual abuse lawsuit in California?

It depends on your age when the abuse occurred and when it happened. Childhood sexual abuse occurring on or after January 1, 2024 generally has no civil statute of limitations. Older childhood claims and adult sexual assault claims follow different deadlines, and special revival laws may also apply.

Is there a statute of limitations for childhood sexual abuse in California?

For childhood sexual abuse occurring on or after January 1, 2024, California generally imposes no civil filing deadline. For abuse that occurred earlier, survivors may generally have until age 40 or five years from discovering that psychological injury or illness was caused by the abuse.

What is California’s 2026–2027 sexual assault revival window?

California opened a temporary revival window from January 1, 2026 through December 31, 2027 for certain adult sexual assault claims that would otherwise be too old to file. The law does not revive every claim, so eligibility depends on the circumstances.

Can I still file a claim if the abuse happened decades ago?

Possibly. California’s discovery rules and revival laws can allow some survivors to bring claims many years after the abuse occurred. The age of the claim alone does not necessarily determine whether you still have legal options.

Can an NDA stop me from talking about sexual abuse in California?

Not always. California laws including SB 820 and SB 331 restrict certain confidentiality and non-disparagement provisions involving sexual misconduct, discrimination, harassment and retaliation. Whether a specific NDA is enforceable depends on the type of agreement, when it was signed and what it covers.

Is there a criminal statute of limitations for sexual assault in California?

California has eliminated the criminal statute of limitations for many serious felony sex offenses. Other offenses may still have filing deadlines, and the rules can depend on when the alleged crime occurred. Criminal charges are filed by prosecutors, not by survivors themselves.