Institutional Accountability · AB 218
AB 218 Explained — California Childhood Sexual Abuse Claims
A plain-English guide to California's Assembly Bill 218 — the law that significantly expanded survivors' time to bring civil claims for childhood sexual abuse.
What it does. Who it covers. What the deadlines look like now.
What AB 218 did
California's Assembly Bill 218, enacted in 2019 and effective January 1, 2020, made three significant changes to the law governing civil claims for childhood sexual assault:
- Extended the basic statute of limitations from age 26 (or 3 years from discovery) to age 40 (or 5 years from discovery — whichever is later). Codified at Cal. Code Civ. Proc. § 340.1.
- Created a 3-year revival window from January 1, 2020 to December 31, 2022, during which previously time-barred claims could be brought regardless of when the abuse occurred or the survivor's age.
- Allowed treble damages against defendants whose cover-up of past abuse can be proved (Cal. Code Civ. Proc. § 340.1(b)).
Who AB 218 covers
AB 218 applies to civil claims for childhood sexual assault — sexual conduct that would have constituted a criminal offense under specified Penal Code sections, occurring when the victim was under 18. This includes abuse by individual perpetrators and (importantly) institutional defendants — schools, churches, juvenile facilities, foster care, youth organizations — whose conduct enabled, ignored, or covered up the abuse.
The current statute of limitations (post-revival window)
The 3-year revival window closed December 31, 2022. The current standing rule (Cal. Code Civ. Proc. § 340.1) is: a claim for childhood sexual assault may be brought at any time before the survivor reaches age 40, OR within 5 years from the date the survivor discovered (or reasonably should have discovered) the psychological injury or illness was caused by the assault — whichever date is later.
Why institutional defendants matter
AB 218 is significant largely because it allows survivors to reach institutional defendants — counties, school districts, churches, youth-detention agencies — that often have substantial resources and that often had institutional patterns enabling the abuse. The most substantial recoveries in this litigation come from institutional liability theories: failure to supervise, failure to investigate, negligent hiring or retention, cover-ups, and tolerance of known abusers.
Treble damages — the cover-up provision
Cal. Code Civ. Proc. § 340.1(b) authorizes treble damages (three times compensatory damages) against defendants where it can be proved the defendant attempted a cover-up. "Cover-up" is defined as "a concerted effort to hide evidence relating to childhood sexual assault." This is a powerful provision in cases against institutions with documented suppression of past complaints.
How AB 218 connects to our practice
We accept confidential case reviews under the AB 218 framework for survivors of:
- Sexual abuse in California county juvenile halls and probation camps (see our Sexual Abuse in Juvenile Facilities page and the LA County Juvenile Hall page)
- Other institutional contexts where child sexual abuse occurred
Related
For specific juvenile-facility cases:
Sexual Abuse in California Juvenile Facilities →For Los Angeles County juvenile-hall cases specifically:
Los Angeles County Juvenile Hall Sexual Abuse Claims →Common Questions
The 3-year revival window closed in 2022. Am I out of time?
Not necessarily. The current statute of limitations under AB 218 still gives survivors time until age 40 OR 5 years from discovery of the psychological injury, whichever is later. Many people are still within these deadlines. The only way to know about your situation is a confidential review.
What does "discovery of psychological injury" mean?
Generally, the date you connected your psychological symptoms (anxiety, depression, PTSD, relationship difficulties, addiction issues) to the past abuse. Many survivors do not make this connection until decades later, often during therapy. The 5-year clock runs from that connection.
Does AB 218 apply to abuse outside of California?
AB 218 governs claims filed in California courts. Whether your specific situation can be filed in California depends on factors including where the abuse occurred, where the defendants are based, and where you reside. We evaluate each case for jurisdiction.
What is "treble damages" — and how big a deal is it?
Treble damages means three times the compensatory damages a jury awards. If a jury awards $1 million in compensatory damages and finds a cover-up, the actual judgment is $3 million. This is a major deterrent to institutional cover-ups and a major tool for survivor recovery.
For a confidential review of your case:
“The cases we take are cases where the medical proof can carry the damages. That is not rhetoric — it is the test every file gets at intake.”
Law Offices of David L. Milligan · Fresno, California
Important: This page is provided for general educational purposes only and does not constitute legal advice. Submitting an inquiry does not create an attorney–client relationship; that relationship is formed only by a written agreement signed after we evaluate the matter for conflicts and merit. Past results do not guarantee future outcomes. Statutory citations are illustrative; the legal framework applicable to a specific case depends on the facts. The Law Offices of David L. Milligan is licensed in California.