California CCP §340.1 is a significant law that has helped survivors of childhood sexual abuse hold abusers and institutions accountable for their actions. In 2026, this law remains an important avenue for adult survivors who were previously unable to pursue legal claims due to expired deadlines.
California Code of Civil Procedures (CCP) §340.1 provides a path for survivors to seek justice when they are ready, acknowledging the fact that trauma can delay disclosure and reporting.

What Is California CCP §340.1?
CCP §340.1 is a law that addresses the statute of limitations for civil claims arising from childhood sexual abuse. This law recognizes that, unlike most other civil claims, survivors of childhood sexual abuse may need years or even decades to come forward with allegations. Trauma, fear, and institutional pressure are just some of the factors that can prevent survivors from reporting the abuse when they were children.
CCP §340.1 provides a mechanism for survivors to extend the time they have to file civil claims and, in some cases, revive claims that were previously barred by the statute of limitations. This law applies not only to claims brought directly against abusers but also to claims against organizations and institutions that had a responsibility to protect children from abuse.
Why CCP §340.1 Matters for Adult Survivors
California CCP §340.1 has had a significant impact on adult survivors of childhood sexual abuse, who were often denied access to the courts under previous laws. The previous law only gave survivors a limited time, usually a few years, to file a claim after they turned 18.
CCP §340.1 changed this by extending the time survivors have to file a claim, recognizing that childhood sexual abuse can suppress memories, create shame, or involve authority figures who threatened or silenced survivors.
By allowing adult survivors more time to file a claim, CCP §340.1 provides an opportunity for survivors to seek justice when they are emotionally and psychologically ready to do so. It also acknowledges the long-term impact of trauma on survivors and the difficulty they may face in coming forward.
Who Can File a Claim Under CCP §340.1?
At least one in four girls and one in 20 boys in the United States experienced sexual abuse as children, according to the Centers for Disease Control and Prevention (CDC). A person the child or a family member knows and trusts is responsible for about 90% of child sexual abuse.
Survivors of childhood sexual abuse who were under the age of 18 when the abuse happened can file a claim under CCP §340.1. The law applies to survivors regardless of where the abuse took place, whether at a school, religious institution, youth organization, sports program, or another setting.
Claims can be brought against the individual abuser as well as against institutions that knew or should have known about the abuse and failed to take action. Adult survivors may still qualify for filing under CCP §340.1 even if the abuse occurred decades ago, depending on the circumstances and the actions of the institution.
What Types of Claims Are Allowed?
Under California sexual abuse laws, survivors can file a variety of claims against abusers and institutions. These claims include sexual assault, sexual battery, negligence, negligent supervision, and intentional infliction of emotional distress. Claims can also include allegations of fraudulent concealment when an institution actively hid the abuse or discouraged reporting.
It is important to note that these are civil claims, not criminal ones, which means the goal is to hold abusers and institutions accountable and provide survivors with compensation for their suffering. Criminal cases, on the other hand, may result in incarceration for the abuser.
Damages Available to Adult Survivors
Survivors who successfully file a sexual abuse case can be awarded various civil damages. These damages can include compensation for therapy and medical treatment, emotional distress, pain and suffering, and loss of enjoyment of life. Survivors may also be able to seek damages related to lost educational or career opportunities as a result of the trauma they suffered.
In some cases, courts may award additional damages to punish particularly egregious misconduct or institutional cover-ups and deter future abuse.
FAQs
Does California Have an Adult Survivors Act?
California does not have an official Adult Survivors Act like New York, but the California CCP §340.1 is similar in that it tolls and reopens the statute of limitations for survivors of childhood sexual abuse. Adult survivors of abuse are allowed to file civil claims years after the abuse occurred.
Why Is There No Romeo and Juliet Law in California?
California does not have a Romeo and Juliet law because California’s statutory rape laws are strict. Sexual intercourse or any sexual act with a person under 18 is illegal, no matter what the age difference. A prosecutor can use discretion in a close-in-age case, but there is no legal exemption.
What Is the Adult Survivors Act Claim?
An Adult Survivors Act claim is a civil claim filed in a one-time look-back window period in which adult survivors of childhood sexual abuse may file a claim even if the statute of limitations has expired. CCP §340.1 provides for the same type of claims in California, providing survivors another opportunity to seek justice against abusers and institutions that allowed the abuse to occur or were negligent in reporting it.
What Is the Five-Year Statute of Limitations in California?
California has a five-year statute of limitations that is commonly applied to certain civil claims, such as breach of a written contract. It is generally not used for sexual abuse cases. Claims for childhood sexual abuse are subject to the delayed filing deadline under CCP §340.1. This section creates extended and delayed filing deadlines for civil actions based on discovery of harm, not fixed periods of time.
Hire a Sexual Abuse Lawyer
When you hire a sexual abuse lawyer, they can ensure that filing deadlines are properly assessed, including whether the law can revive previously expired claims. A sexual abuse attorney can also thoroughly investigate evidence of institutional failure, including past complaints or knowledge of similar abuse. Easton & Easton can be your advocate. Contact us today for a free consultation.