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March 4, 2022
New Mexico’s Legal & Financial Weekly
Vol. 10.102 No. 9
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AB218 Is a Chance for Justice for Adult Survivors of Childhood Sexual Assault
T
he state of California took a bold step in confronting the epidemic of child sexual assault when it enacted Assembly Bill 218 (AB218) on January 1, 2020, . This landmark bill took on the problem in three major ways -- it broadened the definition of child “sexual abuse” to “sexual assault”; it extended the civil statute of limitations from age 26 to age 40; and it allowed for a three-year “lookback window” for those who had suffered sexual assault as a child but missed the prior statutory deadline. The deadline for filing claims under the three-year lookback window is rapidly approaching. It’s an important opportunity for anyone across the nation who suffered sexual assault in California decades ago to finally seek justice for the abuse they endured, as well as help others who have suffered like they have.
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keep the child silent. And sadly, in many cases, if the child is brave enough to come forward, they are met with disbelief or told to keep quiet by a parent or authority figure. Furthermore, in many instances, the child may block out the memory of the trauma and not recall the details until much later in life.
A Major Step Forward
The truth is that most victims of childhood sexual assault don’t have AB218 represents a major step the courage to come forward until forward for the state of California they are well into adulthood. In in recognizing the seriousness of many cases, they may not know that the problem and its long-lasting what happened to them was in fact impact on the victims. By relabeling sexual assault, due to their age and what was formerly known as trust of the person who perpetrated “sexual abuse” to “sexual assault,” it it. In fact, a recent study suggests helps to emphasize what a serious that the average age that victims and damaging crime it really is. feel comfortable in coming forward with the details of their assault is 52, This new definition not only more by which time the statute of limitations has long since passed. broadly defines what constitutes sexual assault, it also allows victims to sue organizations such as school districts, clubs and membership organizations, religious organizations and others for these crimes. What’s more, those Fortunately, the AB218 lookback window offers a new opportunity for organizations that are found to have been involved in covering up sexual those who suffered sexual assault during their lifetime to get the help they assault can now be subjected to triple the damages than they were before need and to finally get justice. There are a number of resources and attorneys who advocate for sexual assault survivors, including attorney Raymond the act was passed. Boucher of Boucher LLP (www.boucher.la) in Woodland Hills, Calif. And by extending the statute of limitations to age 40, the bill takes on one of the most important roadblocks that prevents victims of sexual assault Boucher has dedicated much of his practice to helping victims of child from obtaining justice, which is that unique combination of social and sexual abuse and assault, including bringing in over $1 billion in settlements psychological factors that deter many victims from coming forward until for victims who were sexually abused by Catholic priests. He is a fierce advocate of legislation such as AB218 and encourages victims, regardless they have reached adulthood. of age, to come forward to take advantage of the unique lookback window for claims. Courageous Actions Studies have shown that child sexual abuse is committed most often by “Those individuals who decide to come forward and pursue their case under a trusted adult, whether a clergy member, teacher, coach, adult family the AB218 lookback window are courageous and selfless pioneers who not only seek justice for the lifetime of pain they endured but are forging the member or other person close to the child. way for others who are suffering like they did, and are paving the way for Many times, when a child or adolescent is sexually assaulted, the predator meaningful change,” says Boucher. will use a combination of threats and/or psychological manipulation to -(NewsUSA)