California Sexual Abuse Laws

With some of the most comprehensive sexual abuse laws in the nation, sexual abuse laws in California include both criminal and civil penalties, with the ability for a skilled sexual abuse attorney to hold offenders and institutions accountable. Our lawyers can help you find justice and healing. 

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What You Need to Know About Assembly Bill 218

California Assembly Bill 218, signed the Childhood Sexual Assault Act into law in 2019, which extends the statute of limitations for civil lawsuits by childhood sexual assault survivors and expands their rights. Because of this law, survivors can now file claims until age 40, or within 5 years of discovering past abuse that caused them harm. The bill also created a 3-year revival window, from 2019 to 2022, allowing survivors whose cases had expired under the old statute to pursue justice. The law also increases the liability of institutions by allowing courts to award triple damages if they conceal abuse. This legislation recognizes the challenges survivors face when coming forward.

Key Criminal Offenses Under California Penal Code

The legal remedies for criminal and civil sexual abuse lawsuits in California show the state’s commitment to recognizing harm caused by abuse and ensuring survivors have meaningful options for healing and justice.

• Sexual Battery (Penal Code § 243.4)

Any person who touches an intimate part of another person while that person is unlawfully restrained by the accused or an accomplice, and if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of sexual battery. 

This violation is punishable by imprisonment in a county jail for not more than one year, and by a fine not exceeding $2,000 or by imprisonment in the state prison for 2 to 4 years, and by a fine not exceeding $10,000. Penalties also include mandatory sex offender registration for felony convictions.

• Sexual Intercourse with a Minor (Penal Code § 261.5)

California Penal Code § 261.5, referred to as statutory rape, criminalizes sexual intercourse with anyone under the age of 18 who is not the spouse of the accused. The law applies regardless of whether the minor appeared to consent, because minors cannot consent to sexual activity. 

The severity of the charge depends on the age difference between the parties. If the age gap is 3 years or less, the offense is a misdemeanor. If the defendant is more than 3 years older, they can be charged as either a misdemeanor or a felony. When the adult is 21 or older and the minor is under 16, the penalties are more severe, including possible multi‑year prison terms. Civil fines can sometimes also apply in addition to criminal penalties.

Attorney Rene Potter is Ready to Fight for You.

Rene Potter, head attorney at The Law Office of Rene Potter, has devoted her career to defending sexual assault survivors and employees. Having graduated Magna Cum Laude from California Western School of Law, she enriched her professional acumen through an externship with the U.S. District Court for the Southern District of California. Rene focuses her career on sexual assault both in and out of employment and employment matters involving sexual harassment, discrimination, retaliation and wrongful termination. She deeply engages on every case, and her highest priority is getting her clients justice.

Civil Statutes of Limitations for Survivors

Civil statutes of limitations in California outline the time factors involved when survivors can file lawsuits because the state recognizes the lasting impact of trauma in sexual abuse cases. The recent changes to the law gives survivors more access to the court. 

• Childhood Sexual Abuse Claims (CCP § 340.1)

California Code of Civil Procedure § 340.1 provides childhood sexual abuse survivors with extended opportunities to file civil lawsuits. As of recent amendments, there is no statute of limitations for claims involving childhood sexual assault that occurred on or after January 1, 2024. For earlier abuse, survivors may bring claims until age 40 or within 5 years of discovering that psychological injury was caused by the abuse. The law also allows treble damages if an institution is found to have engaged in a cover‑up of the abuse. This statute reflects California’s recognition that survivors often need significant time before they are able to come forward.

• Adult Sexual Abuse Claims

If you have survived asexual assault, California law now offers you additional time to seek justice and file a claim against your perpetrator. Survivors who were harmed after January 1, 2009, are now allowed to file a lawsuit even when the statute of limitations has expired. 

Criminal vs. Civil Legal Options for Survivors

For survivors of sexual abuse in California, justice includes two options. The California criminal system emphasizes punishment of the crime as a violation of the law; the civil system emphasizes healing, accountability, and the survivor’s right to be heard. The criminal process can lead to imprisonment, probation, or other penalties for the accused. Civil cases can include punitive damages, awarded when the illegal conduct was especially harmful, holding the offender and institutions accountable for their actions. 

Other Key Provisions of California’s Sexual Abuse Law

Having a San Francisco sexual abuse lawyer​ who understands the California legal system and the emotional weight of sexual abuse can make a significant difference in your case’s outcome.

Revival Window for Previously Time-Barred Claims

California has created temporary periods when survivors can file lawsuits that were previously barred by expired statutes of limitations. These revival windows support justice for survivors. They recognize that healing is not linear, and no matter how much time has passed, abusers and institutions should be held accountable. 

Treble Damages in Institutional Cover-Ups

California law allows treble damages, which means the survivor is awarded triple the amount of compensation when an institution has concealed sexual abuse. When institutions protect abusers or hide abuse, they can be held legally accountable. For survivors, this increases the possibility of meaningful compensation while affirming that the legal system recognizes the lasting harm caused by institutional silence and secrecy.

Consent Under California Law

The legal age of consent is 18 in California. Anyone under 18 cannot legally consent to sexual activity with an adult. Consent cannot result from force, threats, intimidation, or coercion. A person who is asleep, unconscious, intoxicated, or otherwise incapacitated cannot legally consent. Even if someone initially agrees, their consent can be withdrawn at any time. Under California law, sexual activity is lawful only when both parties consent. The absence of consent transforms the act into sexual assault or rape.

Client Centered Approach for Sexual Assault and Employment Matters 

Achieving Justice using a No Success, No Fee Structure. 

Experienced Legal Counsel

The Law Office of Rene Potter focuses exclusively on providing dedicated legal representation in sensitive sexual assault cases and complex employment matters.

No Success, No Fee.

We operate on a contingency fee basis. This means we will not charge you any fees for our legal services until and unless we successfully achieve a favorable resolution in your case. Your success is our priority, and you won't owe us anything for our time or effort unless we win or settle your claim.

Your Victory is Our Victory

We select our cases carefully, keeping our caseload at a level which never dilutes the personal experience we provide to our clients. We take our clients’ cases personally, and fight aggressively to not only obtain you monetary compensation, but vindication.

Dedicated Legal Team

At The Law Office of Rene Potter, our experienced team fights tirelessly for your rights. Our own experiences as employees and with loved ones who have experienced sexual assault equip us with a deep understanding and empathy for your situation, fueling our passion to litigate your case aggressively and to secure you a victory.

Are you ready to assert your rights?

Contact The Law Office of Rene Potter to request your free case evaluation.

Case Results

Are you ready to assert your rights?

Contact The Law Office of Rene Potter to request your free case evaluation.

Voices of Victory

Chronicles of Client Gratification and Victorious Case Results

"I worked with a man named Michael. He sexually harassed me and assaulted me. He had an emotional effect on me [and] I was having suicidal thoughts because I just couldn’t keep up with it. Rene is amazing. She just kept standing for me, like, “I believe in you and I believe in your case,” and just kept fighting. She has experience with these types of cases and assured me, like, “No. I didn't deserve this or I didn't do anything wrong.” It actually gave me the confidence to keep moving forward and knowing that I was doing the right thing.

Client, Anonymous

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