Keenan Briefings

Briefing

AB 452 and SB 558: Governor Newsom Enacts Major Reforms for Childhood Sexual Assault Claims

As the 2023 legislative session came to a close on October 14^th, Governor Newsom signed two childhood sexual assault and molestation bills that substantially change these types of claims. AB 452 (Chapter 655, Statutes of 2023) eliminates the statute of limitation for commencing a claim for recovery of damages because of alleged childhood sexual assault. This amended law will only apply to future cases, not retroactively and will significantly impact any claims of alleged childhood sexual assault occurring on and after January 1, 2024. SB 558 (Chapter 877, Statutes of 2023), expands the definition of childhood sexual assault to include acts involving the depictions of a child involved in obscene sexual conduct in a variety types of material. SB 558 also modifies the statute of limitation for these specific actions. The passage of AB 452 could expose school districts, community colleges, and municipalities to greater liability because claims of alleged childhood sexual assault could be brought at any time, years after evidence has been lost or destroyed and long after witnesses are available. While SB 558 attaches civil liability to public entities for criminal actions done by an individual and extends the statute of limitation for these specific types of claims due to alleged acts occurring on and before December 31, 2023.

To provide some context for AB 452, statutes of limitations for alleged childhood sexual assault and molestation claims have been modified and extended since the early 1990s. Before 1991, an action for childhood sexual assault had to be initiated within three years from when the alleged incident occurred. Throughout the years, Section 340.1 of the Code of Civil Procedure underwent multiple changes, culminating in the elimination of the statute of limitations for claims arising from alleged abuse occurring on or after January 1, 2024.

For alleged abuse occurring before January 1, 2024, the statute of limitations allows a person to file a claim within 22 years of the date the plaintiff turns 18 years old (generally until they are 40 years of age) or within five years of the date the plaintiff discovers or reasonably should have discovered the injury, whichever came later. It is crucial to note, that the statute of limitation still applies to any claim of alleged childhood sexual assault occurring on and before December 31, 2023. For instance, if the alleged sexual assault occurs on December 31, 2023, but a claim is not filed until after January 1, 2024, the statute of limitation will still apply.

Even though the statute of limitation has been removed, the requirement to file a certificate of merit, stating facts supporting the claim, executed by the plaintiff’s attorney and a licensed mental health practitioner (who is not and has not treated the plaintiff), remains in effect for a plaintiff who is 40 years of age or older at the time of filing. The plaintiff is still required to file the merit of certificate against each named defendant. Failure to do so may result in a demurrer or a motion to strike.

Although, the statute of limitation for acts occurring after January 1, 2024, has been eliminated, SB 558, adds a further definition to childhood sexual assaults, to now include acts involving a child depicted in an obscene matter as defined by Sections 311.1 or 311.2 of the California Penal Code. This would include knowingly publishing, possessing, producing, developing, or distributing material depicting a person under the age of 18 engaging in or simulating sexual conduct as defined by Penal Code section 311.4(d)(1), which includes acts such as simulated or actual intercourse, lewd or lascivious acts among other actions, whether performed alone or between members of the same or opposite sex. Although a statute of limitation exists for certain acts of childhood sexual assault and molestation as discussed above, for these specific claims the statute of limitation has been modified for acts described in penal code section 311.1 or 311.2 to be 22 years of the date the plaintiff turns 18 years old (again generally until they are 40 years of age) or within ten years of when the plaintiff discovers or reasonably should have discovered the existence of the obscene material, after the plaintiff turns 18. Because of SB 558, there are two separate statutes of limitations that must be followed for alleged acts of childhood sexual assault occurring on or before December 31, 2023. It remains uncertain which statute of limitation will take precedent if an action of childhood sexual assault has taken place and is recorded.

Given the enactment of AB 452 and SB 558, it is important for school districts, community college districts, and municipalities to continue to take steps to protect students and children from sexual abuse and molestation by implementing a comprehensive plan comprised of multiple components including effective hiring practices, strong policies that are monitored and enforced, employee training, site inspections and ongoing supervision of students and staff. For more information and resources on how to protect students from sexual abuse and molestation please see below: 

https://www.keenan.com/Knowledge-Center/School-Safety-Center/Abuse-Prevention

Keenan is not a law firm and no opinion, suggestion, or recommendation of the firm or its employees shall constitute legal advice. Clients are advised to consult with their own attorney for a determination of their legal rights, responsibilities, and liabilities, including the interpretation of any statute or regulation, or its application to the clients’ business activities.