The California statute of limitations for sexual assault depends on two things: whether you are talking about a criminal prosecution or a civil lawsuit, and when the offense occurred. For serious felony sex crimes committed on or after January 1, 2017, there is no criminal deadline at all. Civil deadlines are longer than they used to be, and two separate revival windows currently let certain survivors file claims that would otherwise be time-barred.
Criminal Deadlines for Felony Sex Offenses
Under California Penal Code Section 799(b), prosecutors can file charges at any time for a list of felony sexual offenses that includes rape, sodomy, sexual penetration, oral copulation, continuous sexual abuse of a child, and lewd acts against a minor, when committed under specified aggravating circumstances.1California Legislative Information. California Penal Code 799 This change came from Senate Bill 813, signed in September 2016.
The timing catch matters. The no-limit rule applies only to offenses committed on or after January 1, 2017, or to earlier offenses where the old statute of limitations had not yet expired as of that date. If the prior deadline had already run before January 1, 2017, SB 813 does not revive the case.2California Legislative Information. California Senate Bill 813 – Sex Offenses: Statute of Limitations
For felony sex crimes listed in Penal Code Section 290 that fall outside Section 799(b), prosecutors have a 10-year window from the date of the offense.3California Legislative Information. California Penal Code 801.1
When the Victim Was a Minor
Penal Code Section 801.1 allows prosecution of felony sexual offenses against a person under 18 at any time before the victim turns 40. The covered offenses include rape, sodomy, oral copulation, lewd acts, continuous sexual abuse of a child, and sexual penetration crimes. This age-40 deadline applies to offenses committed on or after January 1, 2015, or to earlier offenses where the previously applicable statute of limitations had not yet expired by that date.3California Legislative Information. California Penal Code 801.1
DNA Matches and Delayed Reporting
Two additional provisions can keep a criminal case alive after the usual clock has stopped.
Under Penal Code Section 803(g), when DNA evidence conclusively identifies a suspect, prosecutors have one year from the date of that identification to file charges, no matter how long ago the offense occurred. This covers offenses committed before January 1, 2001, where the DNA was analyzed by January 1, 2004, and offenses committed on or after January 1, 2001, where the 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 that they were sexually abused as a child, even after other deadlines have passed. The offense must have involved substantial sexual conduct, and independent corroborating evidence must exist. If the person was 21 or older when they reported, that corroboration must meet the higher clear and convincing standard. Opinions from mental health professionals do not count as corroboration.4California Legislative Information. California Penal Code 803
Civil Lawsuits for Childhood Sexual Assault
Code of Civil Procedure Section 340.1 now eliminates the time limit entirely for civil claims arising from childhood sexual assault that occurred on or after January 1, 2024. A survivor can file at any age, against the perpetrator or against an entity that bore responsibility for protecting the child.5California Legislative Information. California Code of Civil Procedure 340.1
For childhood sexual assault that occurred before January 1, 2024, the framework from Assembly Bill 218 (signed 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 Claims against institutions or other entities, rather than the perpetrator directly, carry an added requirement: such 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
The AB 218 Revival Window Has Closed
AB 218 opened a three-year revival window that ran from January 1, 2020 through December 31, 2022, allowing survivors whose childhood sexual assault claims had previously expired to file suit. Claims already litigated to a final judgment before the window 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, you are back to the standard age-40 or five-year discovery deadlines.
Civil Lawsuits for Adult Sexual Assault
Civil claims for sexual assault that occurred after the survivor turned 18 are governed by Code of Civil Procedure Section 340.16. The deadline is 10 years from the last assault, or three years from the date the survivor discovers 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 provision is often misunderstood. It does not require repressed memories of the assault itself. It covers situations where you knew the assault happened but did not realize until later that a physical or psychological condition you developed was connected to it. The clock starts when you discover, or reasonably should have discovered, that link.9California Senate Judiciary Committee. California Senate Judiciary Committee Analysis of AB 250
Revival Windows for Adult Claims
The Sexual Assault and Cover Up Accountability Act, Assembly Bill 2777 (2022), revived previously expired adult civil claims based on conduct that occurred on or after January 1, 2009. Under Section 340.16(b)(3), those revived claims could be filed through December 31, 2026. Claims already litigated to a final judgment or resolved by written settlement before January 1, 2023, could not be revived.8California Legislative Information. California Code of Civil Procedure 340.16
In October 2025, Governor Newsom signed Assembly Bill 250, which extended this revival opportunity. Early reporting indicates the bill establishes 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 your adult civil claim had previously been barred by the old limitations period, this window is the mechanism that could still let you file.
Criminal and Civil Deadlines Run Separately
A criminal case is brought by the district attorney and can lead to imprisonment. A civil lawsuit is brought by the survivor and seeks money damages. The two have entirely 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 prosecutors can file criminal charges whether or not a civil claim exists.8California Legislative Information. California Code of Civil Procedure 340.16
The practical result: deadlines can look very different for the same underlying event. A felony sex offense committed against an adult after 2017 has no criminal deadline at all, but a civil claim for the same conduct carries a 10-year limit, or three years from discovery. Missing the civil deadline does not stop a criminal prosecution, and the reverse is also true.
Why Acting Sooner Still Matters
Having the legal right to file is not the same as having a strong case. Witnesses move, memories fade, and physical evidence degrades. DNA analysis has filled gaps in some older cases, but not every case has DNA evidence, and the absence of physical evidence puts more weight on testimony and corroboration.
If you are weighing a civil claim under one of the current revival windows, those deadlines are firm. Talking to an attorney well before a window closes preserves more options than waiting.