NEW LAW ALLOWS CA SEXUAL ASSAULT SURVIVORS TO FILE TIME-BARRED CLAIMS

Under AB 2777, section 340.16, a "cover-up" is defined as "a concerted effort to hide evidence relating to a sexual assault that incentivizes individuals to remain silent or prevents information relating to a sexual assault from becoming public or being disclosed to the plaintiff, including but not limited to, the use of nondisclosure agreements or confidentiality agreements."

From January 1, 2023, to December 31, 2023, the AB2777 revives claims for incidents that involve employer cover-ups of sexual assaults for one year. Plaintiffs may be eligible to pursue time-barred claims that include causes of action for sexual harassment and wrongful termination against an employer under the California Fair Employment and Housing Act if the plaintiff alleges they have been sexually assaulted or one or more entities* are liable for the damages incurred due to the sexual assault.

Entities liable for damages who were engaged in a cover-up or attempted a cover-up of a previous instance or alleged sexual assault by an alleged perpetrator of such abuse include, but are not limited to, the following:

• Agents
• Directors 
• Employees
• Officers
• Representatives

AB 2777 also allows survivors of sexual assault the opportunity to pursue accountability for sexual harassment and wrongful termination claims stemming from assault in the workplace.

The Sexual Abuse and Cover-Up Accountability Act does not revive any of the following claims:

• Claims brought against a public entity.
• Claims that have been litigated to finality in a court of competent jurisdiction before January 1, 2020.
• Claims that have been compromised by a written settlement agreement between the parties entered into before January 1, 2020.

If you are a California survivor of sexual assault, contact a Morgan & Morgan attorney today to learn more about what claims are covered under the Sexual Abuse and Cover-Up Accountability Act.

While every case for sexual assault varies, victims who file a lawsuit are typically eligible to recover compensation for the following damages:

• Medical bills: Victims can recover compensation for tests, treatment, hospital stays, and more.  
• Emotional trauma: Victims could suffer from anxiety and depression to severe mental trauma, such as post-traumatic stress disorder. 
• Physical pain: Any injuries or trauma incurred due to the assault can leave lasting pain on the victim. 
• Psychological counseling: While physical injuries may heal, victims can suffer from mental wounds for years to come. Seeking compensation for psychological counseling could be possible.
• Lost income/earning capacity: Whether it's the loss of a few days or the inability to work going forward, you could be entitled to compensation for those lost wages.

Victims may be eligible to recover punitive damages. This form of compensation is typically awarded when a defendant acted maliciously and deliberately inflicted harm on their victim.

While the incident may have occurred years ago, victims of sexual assault can carry the weight of the traumatic experience for the rest of their lives. Often victims may feel as though they are unable to come forward due to pressure from their assaulter, fear for their livelihood, or even feelings of personal shame. This new law change law allows victims to take hold of the reigns and demand justice from those who have caused them harm.

Victims of sexual assault should contact an attorney as soon as possible, as there is a time limit under the new law. Plaintiffs have a brief window until December 31, 2026, to file these previously time-barred claims. If you are a survivor of sexual assault in the state of California who has experienced harassment or discrimination at work, we may be able to help you get the justice you deserve. For more information, you can contact one of our attorneys by completing our free, no-obligation case evaluation form.