California Assembly Bill 218 Made What Changes
In an effort to protect victims of childhood sexual abuse, California Assembly Bill 218 was signed into law on October 13, 2019, by Governor Gavin Newsom. This groundbreaking legislation has made significant changes to the state’s statute of limitations, giving survivors more time to seek justice and hold their abusers accountable. The passing of this bill marks a significant step forward in prioritizing the rights and well-being of survivors.
The key provisions of Assembly Bill 218 include:
1. Extended Statute of Limitations: The most significant change brought about by AB 218 is the extension of the statute of limitations for victims of childhood sexual abuse. Previously, victims had until the age of 26 or within three years of discovering the psychological injury caused by the abuse to file a civil lawsuit. AB 218 extends the age limit to 40 years old or within five years of discovering the injury, providing survivors with a greater opportunity to seek legal recourse.
2. Revival Window: AB 218 introduced a three-year revival window, during which victims of any age can file a civil lawsuit, regardless of when the abuse occurred. This provision is particularly significant as it allows survivors who were previously barred by the statute of limitations to come forward and seek justice.
3. Expanded Liability: The bill also expands the liability of employers and organizations that may have been complicit in the abuse. AB 218 holds institutions accountable for the actions of their employees, making it easier for survivors to seek compensation from those who enabled or covered up the abuse.
4. Public Institutions: AB 218 applies to both private and public entities, ensuring that survivors who suffered abuse in public institutions are not excluded from seeking justice. This provision is crucial in holding schools, youth organizations, and other public entities accountable for any negligence or failure to protect children under their care.
5. Confidentiality Agreements: The bill prohibits confidentiality agreements that prevent victims from speaking out about their abuse. Previously, abusers and institutions often used these agreements to silence survivors, perpetuating a culture of secrecy and protecting those responsible. AB 218 aims to break this cycle by allowing survivors to share their stories and raise awareness about the prevalence of childhood sexual abuse.
FAQs:
Q: How does AB 218 benefit survivors of childhood sexual abuse?
A: AB 218 provides survivors with an extended timeframe to file a civil lawsuit and seek justice. It also allows survivors of any age to come forward during the three-year revival window, regardless of when the abuse occurred.
Q: Can survivors seek compensation under AB 218?
A: Yes, survivors can seek compensation from both individual abusers and institutions that may have enabled or covered up the abuse. The expanded liability provisions in AB 218 make it easier for survivors to hold these parties accountable.
Q: Does AB 218 only apply to private institutions?
A: No, AB 218 applies to both private and public institutions. This ensures that survivors who suffered abuse in public schools, youth organizations, or other public entities are not excluded from seeking justice.
Q: How does AB 218 address confidentiality agreements?
A: AB 218 prohibits confidentiality agreements that prevent survivors from speaking out about their abuse. This allows survivors to share their stories, raise awareness, and break the cycle of secrecy and silence surrounding childhood sexual abuse.
Q: Are there any limitations to the revival window in AB 218?
A: The revival window in AB 218 lasts for three years, during which survivors of any age can file a civil lawsuit. It is important for survivors to consult with legal professionals to understand their rights and ensure they meet the requirements to file a claim.
In conclusion, California Assembly Bill 218 represents a significant shift in prioritizing the rights of survivors of childhood sexual abuse. By extending the statute of limitations, providing a revival window, expanding liability, and prohibiting confidentiality agreements, AB 218 empowers survivors to seek justice, hold their abusers accountable, and raise awareness about this pervasive issue. This legislation serves as a beacon of hope for survivors, emphasizing their right to heal and seek the justice they deserve.