California Adult Sexual Assault Statute of Limitations: Ten Years Under CCP § 340.16
Reviewed and current as of August 31, 2026. California law can change; verify against the current statute before relying on any date.
A civil action for damages from adult sexual assault may be commenced within 10 years from the date of the last act, attempted act, or assault with intent to commit an act of sexual assault against the plaintiff.
It may alternatively be commenced within 3 years from the date the plaintiff discovers or reasonably should have discovered that an injury or illness resulted from that act — and the applicable deadline is whichever period expires later.
Source: California Code of Civil Procedure section 340.16 (as of August 31, 2026).
What the statute says
Section 340.16 supplies two independent periods and directs that the one expiring later controls. This is the opposite of the structure in the medical malpractice statute, section 340.5, where the two limbs run in parallel and the claim dies when the first expires. Reading section 340.16 as though it followed the section 340.5 pattern would understate the available time, often by years.
The ten-year limb runs from the last act; where a course of conduct spans a period, that endpoint rather than the first incident starts the clock.
| Limb | Period | Runs from |
|---|---|---|
| Act-based | 10 years | The date of the last act, attempted act, or assault with intent |
| Discovery-based | 3 years | When the plaintiff discovered or reasonably should have discovered that an injury or illness resulted |
When the clock starts
Because the later date governs, a plaintiff who discovers a resulting injury long after the assault can have a live claim well past the ten-year mark — the discovery limb is an extension, not a ceiling. Conversely, a plaintiff who knew of the injury immediately still has the full ten years.
Discovery here is of the injury or illness resulting from the assault, not of the assault itself, which is a narrower trigger than the general fraud discovery rule in section 338(d).
Key exceptions and tolling
- Assaults when the plaintiff was a minor.Conduct occurring when the plaintiff was under 18 falls under Code of Civil Procedure section 340.1, not section 340.16, and for conduct on or after January 1, 2024 that statute imposes no time limit at all.
- Whichever is later, not first.The two limbs are alternatives and the longer controls; this differs from the parallel-limb structure in section 340.5 for medical malpractice.
- Public entity defendants.A claim against a public entity or employee remains subject to the Government Code claim-presentation requirement, which can impose a far shorter practical deadline.
- Related tort theories.Assault, battery, and intentional infliction of emotional distress pleaded on the same facts carry the two-year period in section 335.1 and can expire long before the section 340.16 date.
- Employer and institutional defendants.Negligent hiring, supervision, or retention claims against an institution are analyzed separately and may not share section 340.16's period.
Frequently asked
How long do you have to file a civil sexual assault claim in California?
Ten years from the last act, or three years from discovering that an injury or illness resulted from it — whichever period expires later, under Code of Civil Procedure section 340.16. This is general information, not legal advice.
Is the adult sexual assault deadline different from the childhood one in California?
Yes. Conduct occurring when the plaintiff was under 18 falls under section 340.1, which for assaults on or after January 1, 2024 imposes no time limit. Section 340.16 governs adult assaults and sets the ten-year / three-year-from-discovery structure.
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Not legal advice. This page is general information for licensed attorneys and is not a substitute for independent legal research or professional judgment. It does not address the facts of any specific matter. Statutes, case law, and court rules change; tolling, the discovery rule, equitable estoppel, and claims involving minors, government entities, or out-of-state defendants can all change the applicable deadline. Confirm every date against the current text of California Code of Civil Procedure section 340.16 and controlling case law. Using this page does not create an attorney-client relationship.
Statutory citations current as of August 31, 2026.