By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
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If you are reading this for yourself or someone you love, you do not have to decide anything today. The National Sexual Assault Hotline from RAINN is free, confidential and open 24/7 at 800-656-HOPE (800-656-4673), in English and Spanish, with online chat at RAINN.org/hotline.
Abuse that happened in childhood
| Abuse on or after the new-law date | Older abuse | Source | |
|---|---|---|---|
| California | No time limit for abuse on or after January 1, 2024 | Within 22 years after turning 18 (age 40), or within 5 years of discovering, or when you reasonably should have discovered, that a psychological injury after adulthood was caused by the abuse, whichever is later; a claim against an organization filed at 40 or older must also show it knew or had reason to know of the risk, or failed to take reasonable safeguards | CCP 340.1; earlier rule in the 2022 text |
| Texas | 30 years after the cause of action accrues for the listed child sexual abuse offenses; the years before 18 generally do not count | The 30-year period took effect September 1, 2019, and covers older abuse only if the earlier deadline had not already run by that date (H.B. 3809, 2019) | CPRC 16.0045, CPRC 16.001 |
| Washington | No time limit for claims based on intentional conduct, for abuse on or after June 6, 2024 | Within 3 years of the latest of the act, the discovery of the injury and its cause, or the discovery that the act caused the injury; the clock is paused until 18 | RCW 4.16.340 |
California’s statute reaches beyond the person who committed the abuse. It also covers a person or entity that owed the child a duty of care, such as an organization responsible for the child, and a survivor who proves a cover-up may recover up to three times the damages. A survivor who files at age 40 or older must file certificates of merit signed by the attorney and a licensed mental health practitioner. The three-year revival window that California opened on January 1, 2020, has closed.
California claims against public schools and agencies
Most injury claims against a California public entity start with a written government claim, generally due within six months (Gov. Code 911.2). For claims against local public entities, childhood sexual assault claims under section 340.1 are exempt from that requirement (Gov. Code 905(m)), and a local agency’s own claim procedures do not apply to them either (Gov. Code 935(f)). That exemption is written for childhood claims. An adult survivor with a claim against a public agency should assume the six-month claim rule applies until a lawyer says otherwise.
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Abuse that happened in adulthood
| Deadline | Source | |
|---|---|---|
| California | The later of 10 years from the last act of sexual assault or 3 years from when you discovered, or reasonably should have discovered, that an injury or illness resulted from it | CCP 340.16(a) |
| Texas | 5 years after the cause of action accrues for sexual assault or aggravated sexual assault | CPRC 16.0045(b) |
| Washington | 2 years for an assault and battery claim against the person who did it; 3 years for most other injury claims, such as negligence | RCW 4.16.100, RCW 4.16.080 |
California’s statute adds two windows for older adult claims, and both are open now:
- For sexual assault on or after January 1, 2009, a claim that was late only because the deadline had passed was revived and may be filed until December 31, 2026. Claims already decided by a court or settled in writing before January 1, 2023, are excluded.
- Claims that would have been barred before January 1, 2026, may be filed from January 1, 2026, through December 31, 2027. A claim against an entity under this window must allege that an entity engaged in, or attempted, a cover-up of an earlier instance or allegation of sexual assault by the alleged perpetrator. Claims against public entities are excluded, and so are claims a court already decided, or that were settled in writing, before January 1, 2026.
The same statute says a criminal prosecution or conviction is not required to bring a civil case. In Washington, a vulnerable adult who was abused while living in a facility also has a separate right to sue for damages (RCW 74.34.200). Families worried about an older relative may find our nursing home abuse pages useful.
When the abuser’s name is unknown
Texas lets a survivor pause the clock by filing against “John or Jane Doe.” The real name must be substituted within 30 days after the defendant is identified, and the clock resumes running on the date of that amendment (CPRC 16.0045(d)). In every state, records from a school, church, employer or care facility can help show who knew.
Talking to a lawyer is confidential
Some survivors worry that a phone call will start something they cannot stop. A first conversation with a lawyer is generally protected. In California, a person who consults a lawyer about hiring one is a “client,” and the client can refuse to disclose, and prevent others from disclosing, confidential communications with the lawyer (Evid. Code 951, 954). Washington bars a lawyer from being examined about a client’s communications without the client’s consent (RCW 5.60.060(2)(a)).
You decide how much to share and when. Beverly Law handles institutional sexual abuse cases, meaning claims against the schools, churches, employers and care facilities responsible for the people in their care.
What this means for your case
Three facts set the deadline: the state where the abuse happened, your age at the time, and the dates. Every deadline on this page has exceptions and details that can shorten or extend it, so talk to a lawyer as soon as you can, even if you think your time has run out. A fourth matters for claims against an organization: who knew and what they did. If the abuse happened in California in adulthood in 2009 or later, one window closes on December 31, 2026, so it is worth getting advice soon. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. The firm also represents people in California, Texas and Washington. If a case goes forward, our page on what happens at a deposition explains one step that worries many people, and more answers are on our injury law FAQs page.
Common questions
Is there still a deadline if the abuse happened when I was a child?
It depends on the state and the date. California and Washington have no deadline for abuse on or after their 2024 dates, older abuse follows the earlier rules, and Texas generally allows 30 years.
Do I need a police report or a criminal conviction to sue?
No conviction is needed under California’s adult sexual assault statute, which says so in its text.
Can I sue a school, church or employer?
Often, yes. California’s childhood statute expressly covers a person or entity that owed the child a duty of care. These cases usually turn on what the organization knew and what it did.
What if my deadline already passed?
Ask a lawyer before assuming it is too late. California has reopened some older claims, and two adult windows are open now, one until December 31, 2026, and the other through December 31, 2027.
Will anyone find out if I call a lawyer?
Your conversation with a lawyer is generally confidential. In California, that protection covers someone who calls a lawyer to ask about hiring one. Beverly Law offers a free case review in English or Spanish at (310) 552-6959. You owe no fees or costs unless we win.
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Related pages
Sources
- Cal. Code Civ. Proc. 340.1 (current) (leginfo.legislature.ca.gov)
- Cal. Code Civ. Proc. 340.1 (2022 version, Justia) (law.justia.com)
- Cal. Code Civ. Proc. 340.16 (leginfo.legislature.ca.gov)
- Cal. Gov. Code 905 (leginfo.legislature.ca.gov)
- Cal. Gov. Code 935 (leginfo.legislature.ca.gov)
- Cal. Gov. Code 911.2 (leginfo.legislature.ca.gov)
- Tex. Civ. Prac. & Rem. Code 16.0045 (statutes.capitol.texas.gov)
- Texas H.B. 3809 (2019), enrolled text (capitol.texas.gov)
- Tex. Civ. Prac. & Rem. Code 16.001 (statutes.capitol.texas.gov)
- RCW 4.16.340 (app.leg.wa.gov)
- RCW 4.16.100 (app.leg.wa.gov)
- RCW 4.16.080 (app.leg.wa.gov)
- RCW 74.34.200 (app.leg.wa.gov)
- Cal. Evidence Code 951 (leginfo.legislature.ca.gov)
- Cal. Evidence Code 954 (leginfo.legislature.ca.gov)
- RCW 5.60.060 (app.leg.wa.gov)
- RAINN, National Sexual Assault Hotline (rainn.org)
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 7, 2026.