Everything You Need to Know About the Justice for Survivors Act
California Assembly Bill 452 was recently passed, colloquially called the Justice for Survivors Act. In line with this name, the new law seeks to make it easier and more possible for victims of sexual abuse to come forward and find justice, even if they can’t undo the harm they’ve already sustained.
But what exactly is this act? And what should you know about it?
The California AB 452 Justice for Survivors Act: Justice for Survivors
The California AB 452 Justice for Survivors Act is a piece of legislation that was passed in October 2023. It will become law on January 1, 2024, effectively eliminating the time limit for recovering damages that were suffered as a result of childhood sexual assault; this time limit elimination will apply to all civil actions that arise on or after January 1, 2024.
Up until now, there has been a standing “statute of limitations” on civil claims for sexual abuse, regardless of the circumstances of that abuse. A statute of limitations is a time limit or deadline by which a survivor must file a claim.
The exact statute varies, but in most cases, survivors of sexual abuse were required to file a claim within 10 years of the date of the abuse. If the survivor was a minor at the time of the abuse, they could file a claim until their 40th birthday.
As a result of this legislation, there is no longer any time limit for survivors of child sexual abuse to come forward.
Why the Justice for Survivors Act Matters
Many people have celebrated the introduction of this act. But why does this piece of legislation matter so much?
- Reducing or eliminating the chilling effect. Survivors are often reluctant to speak up about the abuse they endured. This is especially true if the abuse happened in childhood. Survivors may be afraid of retaliation, confused about what happened, or concerned that they aren’t going to receive any support or acknowledgment. By eliminating the statute of limitations, more survivors could be willing to address what happened to them and seek justice.
- Deterring abuse. Hopefully, the extended timeline of potential consequences will also deter at least some abuse events from happening. If there’s a greater likelihood of being reported and convicted in the future, abusers may be less likely to commit those actions.
- Acknowledging and supporting survivors. Passing this act is also a way of acknowledging and supporting survivors. It’s the state explicitly acknowledging that just because something happened more than 10 years ago, doesn’t mean it’s irrelevant.
Damages in a Sexual Abuse Case
If you seek damages in a sexual abuse case, you may be awarded damages in many different categories. Additionally, you may be able to hold more than one individual responsible; in some cases, institutions like schools, churches, and organizations can share responsibility for paying damages.
These damages can include:
- Medical expenses and treatment. If you were forced to seek medical care or treatment as a result of the sexual abuse, you’ll likely be compensated for those costs.
- Ongoing treatment and care. You’ll also be compensated for costs associated with any ongoing treatment and care that you require as a result of the abuse.
- Pain and suffering. Pain and suffering are subjective and hard to quantify, but they’re usually included in damage calculations.
- Emotional distress. Many people who suffered sexual abuse experience prolonged emotional distress, sometimes experiencing emotional disorders for years or decades after the abuse.
- Loss of enjoyment of life. In extreme cases, survivors can experience loss of enjoyment of life, which can also be calculated in damages.
- Punitive damages. You may also be awarded punitive damages, which are designed to punish the perpetrator, rather than compensating the survivor for any specific type of damage.
When to Hire a Lawyer
If you’ve been sexually abused, it’s important to hire a lawyer as soon as possible. Even if you’re not sure about how the statute of limitations applies to your case or if you aren’t confident in the evidence you have, a lawyer can help you understand the details of your case and advise you on next steps. And since most lawyers are willing to initially consult with you for free, there’s no risk in reaching out.
What to Do If You’ve Experienced Sexual Abuse
If you’ve experienced sexual abuse, it’s important to practice the following:
- Get to safety. Your first priority should be getting to safety as soon as possible.
- Get medical care. After that, it’s important to get medical care, even if you aren’t sure whether you need it. Medical professionals can help you gather evidence via a Sexual Assault Evidence Kit (SAEK).
- File a report. File an official report on the crime with the police. It’s important to do this as soon as possible after the abuse.
- Gather and preserve any evidence you can. Do what you can to preserve any evidence associated with the abuse, such as photos, videos, bodily fluids, or indications of physical struggle.
- Reach out to support services. Support services, like the RAINN (Rape, Abuse & Incest National Network) National Sexual Assault Hotline exist to help survivors get access to the help, resources, and overall support they need. Take advantage of these services to the extent you can.
- Take notes. Take your own notes about the incident, in as much detail as you can, even if it might be painful. Dates, times, and sequences of events are vital to record.
- Seek therapy and support. Sexual abuse can be emotionally devastating; lean on a support system and don’t hesitate to seek therapy.
- Contact a lawyer. Contact a lawyer who can help guide you through the rest of the process.
This piece of California legislation is a step forward for current and future survivors of sexual abuse, and it’s a demonstration of solidarity in seeking justice for these heinous crimes. With adequate legal support, more survivors will finally be able to get the justice they deserve.