What is the statute of limitations for a sexual assault claim brought by a victim who was molested by a third party party?

California, United States of America


The following excerpt is from John Roe 91 v. Doe, B248428 (Cal. App. 2014):

"Amendments to section 340.1 in 1998 and 1999 for the first time applied this extended limitations period to third party defendantseither individuals or entities whose wrongful or negligent conduct was a legal cause of the victim's molestation by the actual perpetrator. However, the limitations period was set at three years from discovery of the adult-onset psychological harm, with an absolute cutoff at age 26 regardless of whether such discovery occurred. The 1999 amendment revived all claims that had lapsed under the previous statute of limitations, but only as to victims who were still under age 26." (Doe v. Doe 1 (2012) 208 Cal.App.4th 1185, 1189.) Plaintiff was still under 26 when this amendment became effective. The amendment retroactively applied to him, and he therefore could have filed a lawsuit prior to January 4, 2002his 26th birthday.

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