Statute of Limitations for Rape / Sexual Assault (adult victim) in California

Statute of Limitations for Rape / Sexual Assault (adult victim) in California

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Published July 28, 2025 • Updated May 17, 2026 • By DocketMath Team

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How the limitation period applies

The controlling primary authority for US-CA rape sexual assault adult SOL (Cal. Civ. Proc. Code § 340.16) is Cal. Civ. Proc. Code § 340.16.

Cal. Civ. Proc. Code § 340.16. In any civil action for recovery of damages suffered as a result of sexual assault, where the assault occurred on or after the plaintiff’s 18th birthday, the time for commencement of the action shall be the later of the following: (1) Within 10 years from the date of the last act, attempted act, or assault with the intent to commit an act, of sexual assault against the plaintiff. (2) Within three years from the date the plaintiff discovers or reasonably should have discovered that an injury or illness resulted from an act, attempted act, or assault with the intent to commit an act, of sexual assault against the plaintiff. (b) (1) As used in this section, “sexual assault” means any of the crimes described in Section 243.4, 261, 264.1, 286, 287, or 289, or former Sections 262 and 288a, of the Penal Code, assault with the intent to commit any of those crimes, or an attempt to commit any of those crimes. (2) For the purpose of this section, it is not necessary that a criminal prosecution or other proceeding have been brought as a result of the sexual assault or, if a criminal prosecution or other proceeding was brought, that the prosecution or proceeding resulted in a conviction or adjudication. This subdivision does not limit the availability of causes of action permitted under subdivision (a), including causes of action against persons or entities other than the alleged person who committed the crime. (3) This section applies to any action described in subdivision (a) that is based upon conduct that occurred on or after January 1, 2009, and is commenced on or after January 1, 2019, that would have been barred solely because the applicable statute of limitations has or had expired. Such claims are hereby revived and may be commenced until December 31, 2026. This subdivision does not revive any of the following claims: (A) A claim that has been litigated to finality in a court of competent jurisdiction before January 1, 2023. (B) A claim that has been compromised by a written settlement agreement between the parties entered into before January 1, 2023.

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Sources

All sources are official primary law published by leginfo.legislature.ca.gov.

Corroboration method: government_primary_source_direct_fetch.