Sexual assault: statute of limitations.

Assembly Member Aguiar-Curry's legislation extends the revival period for adult sexual assault claims that would otherwise be barred by statutes of limitations, allowing victims to pursue civil actions against perpetrators and entities through December 31, 2027.

The bill modifies existing law by establishing a new two-year window for filing previously time-barred claims, running from January 1, 2026, through December 31, 2027. Under these provisions, plaintiffs must allege both the occurrence of sexual assault and that one or more entities bear legal responsibility for damages. When claims involve institutional defendants, plaintiffs must also demonstrate that the entity or its representatives engaged in covering up previous assaults or allegations. The legislation defines cover-ups as concerted efforts to hide evidence or prevent disclosure, including through confidentiality agreements.

This measure introduces separate tracks for claims against institutions versus individual perpetrators. While institutional claims require proof of a cover-up, claims against alleged perpetrators need only establish the assault and legal responsibility for damages. The bill specifies that failure to prove a cover-up by one entity does not affect claims against other defendants. Claims that have been fully litigated or settled before January 1, 2026, remain ineligible for revival, and public entities retain their existing immunity from these provisions.

The legislation maintains the current burden of proof standards and preserves plaintiffs' ability to pursue claims under standard statutes of limitations where applicable. It allows the revival of related claims arising from the same assault, including wrongful termination and harassment allegations.