Legal Question in Civil Litigation in California
My wife was sexually abused and raped by her uncle when she was nine. Her family kept it quiet. It is surfacing now as she is finally coming to terms with it. She is 40 and in rape crisis counseling. Terrible dreams plague her at night, and she needs to find some closure. What legal recourse does she have either criminally or in the form of litigation? She wasn't the only one, and now the uncle that did this is teaching kids about flying in Fairbanks AK for the FAA. I understand there is a recent bill being passed, or in the process by the senate abolishing statutes of limitations on cases like this. Do you know anything about this?
1 Answer from Attorneys
The statute of limitations is below: assuming this happened in California --
340.1. (a) In an action for recovery of damages suffered as a
result of childhood sexual abuse, the time for commencement of the
action shall be within eight years of the date the plaintiff attains
the age of majority or within three years of the date the plaintiff
discovers or reasonably should have discovered that psychological
injury or illness occurring after the age of majority was caused by
the sexual abuse, whichever period expires later, for any of the
following actions: