If you are a victim of sexual abuse in California, you may have the opportunity to bring a case against your abuser, even if the incident happened decades ago. California has recently expanded opportunities for abuse victims to seek justice, extending its statute of limitations for related crimes and giving victims more options to take action. But can you reopen a previously settled abuse case? 

Working with a settled abuse case lawyer will help you understand the state’s policies and explore your opportunities to hold your abuser accountable. 

Understanding California’s Statute of Limitations for Sexual Abuse Crimes 

The “statute of limitations” refers to the deadline by which you must file a certain type of legal case. California has different statutes of limitations for civil sexual claims involving children and adults. Notably, these deadlines are distinct from the criminal statute of limitations, which determines how long a prosecutor has to charge a person with sexual crimes. 

If you were an adult when the abuse happened, the civil statute of limitations depends on the date the abuse occurred. 

• For cases on or after January 1, 2019: You have 10 years from the date of the incident or three years from finding out you were injured due to the sexual abuse, whichever is later.
• For cases between January 1, 2009, and January 1, 2019: The statute of limitations for these cases is extended until December 31, 2026. They now have a three-year “lookback window,” taking place from January 1, 2023, through December 31, 2026. 

If you were a child when the abuse happened (i.e., under 18 years old), the statute of limitations is the later date of:

• The day you turn 40 years old
• Five years after the day you discovered the psychological injury or illness resulting from the sexual assault

If you’re having trouble understanding the statute of limitations that applies to your case, don’t hesitate to reach out to an abuse settlement attorney. 

Can You Reopen an Abuse Case You Settled Out of Court? 

With these new statutes of limitations in place in California, you may be exploring the idea of pursuing civil action against your abuser. But what if you already opened a case against them previously and settled it without litigation? Your settled abuse case lawyer may still have the opportunity to pursue a case now, as long as you have not surpassed the statute of limitations. 

Out-of-court abuse settlements are not the same as litigation. Instead, this was a compromise you reached with your abuser to avoid going to court. Perhaps you now feel the settlement amount was not high enough to make up for your physical and psychological pain. You likely have the opportunity to pursue resolved abuse litigation. 

One major exception applies. If your sexual assault happened between January 1, 2009, and January 1, 2019, and you previously compromised it through a negotiated abuse case or out-of-court settlement, the three-year window explained above would not apply to the case. 

Additionally, if you previously litigated a sexual assault case to completion, a civil abuse resolution lawyer would likely not advise you to pursue a second case. But if you feel the case was resolved unfairly, you may be able to appeal the judge’s decision. 

Let Our Abuse Claim Compensation Lawyers Help You Explore Your Options for Pursuing Justice

Understanding your rights under California’s sexual assault statutes of limitations can be overwhelming. At The Cifarelli Law Firm, we can tell you whether you have the right to pursue a civil case against your abuser now. If so, we can walk you through the litigation process and represent you in court. 

Call us today at 949-502-8600 to request a free consultation with our settled abuse case lawyers.