In 2025, California’s lawmakers acted to protect survivors of violence by once again extending their ability to bring expired civil sexual assault claims.
Expanded Statute of Limitations Lookback Window for Sexual Assault Claims
In 2022, Governor Newsom signed AB 2777, which provided survivors of sexual assault with opportunities to bring otherwise-expired claims during defined windows. For a sexual assault that occurred on or after January 1, 2009, AB 2777 provided until December 31, 2026, to file suit. For survivors of sexual assaults that occurred prior to January 1, 2009, AB 2777 opened a one-year “lookback” window – from January 1, 2023, through December 31, 2023 – for a sexual assault survivor to file suit if an entity responsible for their harm had covered up a prior alleged sexual assault by the perpetrator.
The new law, AB 250 – the Justice for Survivors of Sexual Assault Act, will open up a new 2-year window from January 1, 2026, through December 31, 2027, similar to the one-year window created by AB 2777 for survivors of sexual assaults in which an entity responsible for the harm had engaged in a cover-up of prior assault. AB 250 also revives related claims, like wrongful termination or sexual harassment, that stem from a sexual assault.
AB 250 is the most recent of a number of bills extending the time limits survivors have to bring forward their claims. Please see our 2023 post to learn more about these past measures and statutes of limitations for sex assault claims in California. These laws extending timeframes for filing are designed to better address the needs or survivors of assault, because recovery, healing, and moving forward do not happen on a set schedule.
Requirements to Bring a Claim Under AB-250
To bring a claim during the two-year lookback window under AB 250, a survivor will need to claim that:
- they were assaulted;
- there is a legally responsible entity; and
- that a responsible entity had engaged in a cover up or attempted cover up of sexual assault.
A “cover up” in this context, is a “concerted effort” to hide evidence, including efforts to prevent information from becoming public or incentivizing individuals to remain silent. It can include the use of a nondisclosure agreement or a settlement agreement.
Importantly, AB 250 also clarifies that a survivor can bring their claims against the perpetrator under this provision, even if the perpetrator was not involved in the cover-up. For instance, if a company is protecting a “star employee” who has sexually assaulted his coworkers, the “star employee,” as well as the company, may continue to be on the hook for sexual assault, during the time frame provided in the new statute, i.e., during 2026 and 2027, regardless of the original statute of limitations governing their claim.
Here is a potential example:
In 2013, when Mariana was sexually assaulted by her supervisor. Mariana had never heard of anything similar happening in her workplace before, so she focused on her own healing, and decided to stay silent. Later, in talking with other women in her office, she learned that others had had similar “bad” experiences with her supervisor, but that Human Resources had told them that it would be better for them if they did not say anything or make a formal complaint. Under AB 250, Mariana would likely be able to bring claims against her employer and her assailant, including under California’s civil sexual assault laws and sex harassment laws, like the Fair Employment and Housing Act. Even if her specific attacker was not involved in the past cover ups, her employer was, and AB 250 could revive her claims against them both.
California Law AB 2499: Leave and Safety Accommodations for Sexual Assault Survivors and Their Loved Ones
Other recent improvements in California law, such as 2024’s AB 2499, allow survivors of violence access to time off and safety accommodations to help in their healing. This can include time off to go to court, seek supportive services, develop a safety plan, and more. Safety accommodations can include a job transfer, changing a work phone number, installing locks, or other changes to help keep an employee safe. Family members can also access leave to help their loved one recover or improve their safety as well. Employers are prohibited from retaliating against their employees for taking any of these actions.
Here is an example:
Krystal was sexually assaulted on her way home after she left work late in the evening. Krystal seeks a restraining order against her assailant and starts seeing a counselor. Although the assault was not directly connected with her employment and her assailant did not work for her employer, her employer must allow her to take the time off that she needs for related legal hearings and counseling sessions. If Krystal wants her sister to attend the restraining order hearings with her for emotional support, Krystal’s sister can request the time off from her own employer, too.
Krystal also feels unsafe leaving work late at night. Upon her request, her employer must allow her to leave work earlier and work remotely or start her shift earlier, as long as it is not unduly burdensome for her employer.
If Krystal’s employer punishes her for these absences or starts treating her worse for making these requests, she may have claims under California’s Fair Employment and Housing Act.
Every survivor’s needs are different, but California has strong protections in place to allow workers to recover, heal, and seek to protect other employees from future harms.
Employees who experience sexual assault at work or retaliation for requesting related protections may potentially recover for their lost wages, other economic harms, emotional distress, and more.
