The California statute of limitations for sexual assault depends on three things: whether the case is criminal or civil, whether the survivor was under 18 or an adult at the time, and when the offense happened. For many serious felony sex crimes committed in 2017 or later, there is no criminal deadline at all. Civil deadlines are longer than they used to be, and two revival windows are currently open for claims that would otherwise be time-barred.
Criminal Deadlines for Adult Victims
Senate Bill 813, signed in September 2016, eliminated the criminal statute of limitations for a long list of felony sexual offenses. Under California Penal Code Section 799(b), prosecutors can file charges at any time for offenses including rape, sodomy, sexual penetration, oral copulation, continuous sexual abuse of a child, and lewd acts against a minor, when committed under specific aggravating circumstances.1California Legislative Information. California Penal Code 799
There is an important limit on that rule. The no-deadline provision applies only to offenses committed on or after January 1, 2017, or to offenses committed before that date where the old statute of limitations had not yet expired as of January 1, 2017.2California Legislative Information. California Senate Bill 813 – Sex Offenses: Statute of Limitations If the earlier deadline had already run out before that cutoff, SB 813 does not bring the case back.
Criminal Deadlines When the Victim Was a Minor
For felony sexual offenses committed against someone under 18, California Penal Code Section 801.1 allows prosecution at any time before the victim turns 40. This covers rape, sodomy, oral copulation, lewd acts, continuous sexual abuse of a child, and sexual penetration crimes. The extended deadline applies to offenses committed on or after January 1, 2015, or to earlier offenses where the previously applicable deadline had not yet expired by that date.3California Legislative Information. California Penal Code 801.1
When neither Section 799(b) nor Section 801.1 reaches a case, prosecutors still have 10 years from the date of the offense to file charges for the felony sex crimes listed in Penal Code Section 290.3California Legislative Information. California Penal Code 801.1 That 10-year rule is the backstop.
Two Extra Criminal Pathways
California law creates two additional openings for prosecution even after the standard deadlines appear to have passed.
Under Penal Code Section 803(g), if DNA evidence conclusively identifies a suspect, prosecutors can file charges within one year of that identification, no matter how much time has gone by since the offense. The provision applies to offenses committed before January 1, 2001, where DNA was analyzed by January 1, 2004, and to offenses committed on or after January 1, 2001, where DNA was analyzed within two years of the crime.4California Legislative Information. California Penal Code 803
Section 803(f) gives prosecutors one year from the date a person of any age reports being sexually abused as a child, even after other deadlines have expired. The offense must have involved substantial sexual conduct, and independent corroborating evidence must exist. If the victim was 21 or older when they reported, the corroborating evidence has to meet the higher clear and convincing standard. The opinions of mental health professionals do not count as corroboration.4California Legislative Information. California Penal Code 803
Civil Lawsuits for Childhood Sexual Assault
For childhood sexual assault that occurred on or after January 1, 2024, Code of Civil Procedure Section 340.1 imposes no time limit at all. Survivors can sue the perpetrator or an entity that bore responsibility for protecting the child, at any age.5California Legislative Information. California Code of Civil Procedure 340.1
For childhood sexual assault that happened before January 1, 2024, the framework put in place by Assembly Bill 218 in 2019 still controls. Survivors have until 22 years after reaching the age of majority (effectively age 40) or five years from the date they discover that a psychological injury or illness was caused by the assault, whichever expires later.6California Legislative Information. California Assembly Bill 218 – Damages: Childhood Sexual Assault: Statute of Limitations For claims against institutions rather than the perpetrator directly, the law added a further condition: those claims cannot be filed after the plaintiff’s 40th birthday unless the entity knew or should have known about a risk of sexual abuse by the person involved.7California Legislative Information. California Assembly Bill 218 – Damages: Childhood Sexual Assault: Statute of Limitations
AB 218 also opened a three-year revival window starting January 1, 2020, letting survivors whose claims had already expired file suit. That window closed on December 31, 2022. Claims that had been litigated to a final judgment before it opened could not be revived.6California Legislative Information. California Assembly Bill 218 – Damages: Childhood Sexual Assault: Statute of Limitations If you missed that window for a pre-2024 childhood claim, the standard 22-year or five-year discovery deadlines still apply.
Civil Lawsuits for Adult Sexual Assault
Civil claims for sexual assault that took place after the survivor’s 18th birthday are governed by Code of Civil Procedure Section 340.16. Survivors have 10 years from the date of the last assault, or three years from the date they discover that an injury or illness resulted from the assault, whichever runs longer.8California Legislative Information. California Code of Civil Procedure 340.16
The three-year discovery rule is often misunderstood. It does not require repressed memory of the assault itself. It covers situations where the survivor knew the assault had happened but did not realize until later that a physical or psychological condition they developed was connected to it. The clock starts when the survivor discovers, or reasonably should have discovered, that link.9California Senate Judiciary Committee. California Senate Judiciary Committee Analysis of AB 250
Revival Windows Currently Open for Adult Claims
Assembly Bill 2777, the Sexual Assault and Cover Up Accountability Act passed in 2022, revived previously expired adult sexual assault civil claims. Under Section 340.16(b)(3), claims based on conduct that occurred on or after January 1, 2009, can be filed through December 31, 2026. Claims already litigated to a final judgment or settled in writing before January 1, 2023, cannot be revived.8California Legislative Information. California Code of Civil Procedure 340.16
In October 2025, Governor Newsom signed Assembly Bill 250, which extends this revival opportunity. Early reporting indicates the bill creates a two-year window covering 2026 and 2027 for adult survivors whose claims would otherwise be time-barred.10California Legislative Information. Bill History – AB 250 Sexual Assault: Statute of Limitations If you are an adult survivor whose civil claim was previously barred, this window is directly relevant, and it is time-limited.
Criminal and Civil Deadlines Are Separate
A criminal case is brought by the district attorney and can result in imprisonment. A civil case is brought by the survivor and seeks money damages. The two have completely separate statutes of limitations, and one does not depend on the other. You can file a civil lawsuit even if no criminal charges were ever brought, and a criminal prosecution can go forward whether or not the survivor sues.8California Legislative Information. California Code of Civil Procedure 340.16
The deadlines can also look very different for the same underlying offense. A criminal case for a serious felony sex crime committed after 2017 has no time limit. A civil claim for that same offense committed against an adult carries a 10-year deadline, or three years from discovery. Missing the civil deadline has no effect on a possible criminal prosecution, and the reverse is also true.
Why Timing Still Matters
Longer deadlines and revival windows give survivors the legal right to act years or decades after the fact, but evidence does not wait. Witnesses move, memories fade, and documents disappear. DNA analysis has closed some of those gaps, but not every case turns on physical evidence, and where none exists, testimony and corroboration carry more weight.
If you are weighing whether to come forward, acting sooner generally means a stronger case. The current revival window for adult civil claims runs through December 31, 2026, with AB 250 extending it further into 2027. Those dates are firm. Talking to an attorney well before a window closes preserves more options than waiting until the last weeks.