How Does the Government Claims Act Help California Sexual Abuse Survivors?
September 7, 2018Posted on: September 7, 2018
Senator Jim Beall’s current legislation is aimed to answer all questions about how long a childhood sexual abuse victim has to file a claim against a public body and seek justice in the civil courts. The bill, also known as SB 1053, was signed by Governor Jerry Brown.
Beall believes that “since many abusers manage to escape prosecution, the ability of victims to file a civil case should be protected and serve as a deterrent to the perpetuation of abuse by those who would shield the abusers from justice.”
What Does California Bill SB 1053 Entail?
In 2008, the California legislature passed the SB 640 (Simitian), which originally aimed to recognize the special factors in childhood sexual abuse cases. These unique aspects include the struggle of abuse victims to report the abusive incident quickly or at all, due to shame, threats or repression of painful memories. SB 640 exempted molestation claims from the Government Tort Claims Act against any public entities, which required victims to give written notice within six months. Despite this bill, many school districts continued to require the six-month claims filing process.
SB 1053 clarifies and outlines the state legislature’s original intent in 2008 to absolve victims of child sexual abuse from that strict six-month claims process for public bodies. The Chief Executive Officer of the California Coalition Against Sexual Assault, Sandra Henriquez, supports the bill.
If you are a survivor of childhood sexual abuse and you want to seek justice, our Los Angeles abuse attorneys might be able to help you. Contact Ramey Law, P.C. today for a free and confidential consultation.