In California, you have 10 years to file a sexual assault claim under Cal. Civ. Proc. Code § 340.16. The clock starts on the date of last act or date of discovery.
✓ Statute cited · Reviewed October 2026Quick answer: In California, you generally have 10 years to file a sexual assault lawsuit. The clock starts: date of last act or date of discovery. Governing statute: Cal. Civ. Proc. Code § 340.16. Key exception: For childhood sexual abuse against an institution: no SOL under AB 218 (until 2026 revival window).
Data last reviewed: October 2026. General information, not legal advice.
California law requires sexual assault plaintiffs to file suit within 10 years of the date of last act or date of discovery, as established by Cal. Civ. Proc. Code § 340.16. Failing to file before this deadline will almost certainly result in the court dismissing your case — regardless of how strong your evidence is or how clear the defendant's liability may be.
Civil sexual assault statutes of limitations have changed dramatically across the US since 2018. Many states have eliminated SOL for childhood sexual abuse entirely; others have created long revival windows for past victims. The clock for adult survivors often runs from the date of discovery of the psychological harm caused by the assault.
California allows 10 years from the last act or 3 years from discovery for adult sexual assault claims. For childhood abuse involving institutions (schools, churches), a revival window opened in 2019 under AB 218.
| If the clock starts on | Last day to file (general rule) |
|---|---|
| March 15, 2025 | March 15, 2035 |
| September 1, 2025 | September 1, 2035 |
| January 15, 2026 | January 15, 2036 |
| July 1, 2026 | July 1, 2036 |
Examples assume the full 10 years applies with no tolling or special accrual rule. Deadlines that fall on a weekend or court holiday are often extended to the next business day, but do not count on it. Use the calculator on this page for your own date.
The 10-year deadline in California applies to the following types of sexual assault claims:
If your claim falls outside these categories, a different statute of limitations may apply. An attorney can confirm which deadline governs your specific situation.
Seek medical care if you haven't. A SANE (Sexual Assault Nurse Examiner) examination can preserve evidence. Your health is the priority — a civil case can be built later.
Local rape crisis centers, RAINN (rainn.org), and victim advocacy organizations provide free, confidential support and can connect you with legal resources.
You can file a civil lawsuit years after the assault in many states, especially for childhood abuse. The decision is yours — and there is no obligation to file.
Sexual assault civil litigation has unique statute of limitations rules — many states have recently extended or eliminated the SOL. An attorney will know the current law in your state.
Beyond the direct assailant, institutions (schools, churches, employers, sports organizations) that knew of abuse and failed to act may bear significant liability.
Laws on sexual assault civil SOL have changed dramatically in recent years. What was time-barred in 2020 may not be today. Verify the current rule in your state before concluding you've missed the deadline.
| State | Years to File | Statute | Clock Starts |
|---|---|---|---|
| California ★ | 10 yr | Cal. Civ. Proc. Code § 340.16 | Date of last act OR date of discovery |
| Arizona | 3 yr | Ariz. Rev. Stat. § 12-542 | Date of assault or date of discovery of harm |
| Nevada | 3 yr | Nev. Rev. Stat. § 11.190(4)(e) | Date of assault or date of discovery of harm |
| Oregon | 3 yr | ORS 12.117 | Date of discovery; no SOL for childhood |
★ = California. The state where the injury or incident occurred — not where you live — typically determines which statute of limitations applies.
California's 10 years deadline for sexual assault claims is longer than 46 and shorter than 2 of the other jurisdictions; 2 others match it. Nationally the period runs from 2 years to 20 years (median 3 years; average 4.4 years). In the West the average is 3.9 years across 13 jurisdictions.
See all 3 jurisdictions with a 10 years sexual assault deadline → · Sexual Assault in all states →
Pre-filled with California and Sexual Assault. Just enter the date of your incident.
In California, you have 10 years to file a sexual assault claim, measured from the date of last act or date of discovery. This deadline is set by Cal. Civ. Proc. Code § 340.16. If you do not file within this window, your case will almost certainly be dismissed.
The clock starts on the Date of last act OR date of discovery. California allows 10 years from the last act or 3 years from discovery for adult sexual assault claims. For childhood abuse involving institutions (schools, churches), a revival window opened in 2019 under AB 218.
The following exceptions apply in California:
If you miss the 10-year deadline, the defendant will file a motion to dismiss based on the expired statute of limitations. Courts virtually always grant such motions. Your case will be dismissed with prejudice — meaning permanently — regardless of how strong your evidence is. Always consult an attorney as soon as possible after an injury.
Yes. California applies the discovery rule to sexual assault claims. The clock starts when you discovered — or reasonably should have discovered — the harm and that someone else may be responsible. This matters most when the injury is not immediately apparent.
California's 10-year deadline for sexual assault claims is longer than 46 and shorter than 2 of the other jurisdictions. Across all states and D.C., sexual assault deadlines range from 2 years to 20 years.
If a city, county, state agency, or other government entity is responsible, you typically must file a Notice of Claim with the agency within a much shorter period — often 60–180 days. Missing this notice requirement can permanently bar your claim even before the main statute of limitations expires. Consult an attorney immediately if any government entity is involved.
Possibly, but it is difficult. You would need to demonstrate that a tolling doctrine applies — such as the discovery rule, minority tolling, or fraudulent concealment. An attorney can evaluate whether any exception extends your deadline. Do not assume your claim is dead until you have spoken with a licensed California attorney.
StatuteLimits.com. "California Sexual Assault Statute of Limitations (2026)." Reviewed October 2026. https://www.statutelimits.com/states/california/sexual-assault
The sexual assault statute of limitations in California is strict. Missing the 10-year deadline permanently ends your right to sue — regardless of how strong your case is. Tolling rules, government notice requirements, and recent law changes can all affect your actual deadline.
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