AB 218 will impact statute of limitations for child victims

AB 218 (Gonzalez) was signed by Gov. Gavin Newsom and became law on Jan. 1, 2020. The bill extends the statute of limitations to bring a civil action against an employer, including school districts, where there has been a claim against an employee of that district for alleged child sexual abuse. ACSA has compiled some helpful tips on best practices and resources to help prepare districts for the expected increase in sexual assault claims. Things to know about AB 218 The statute of limitations for childhood sexual assault and molestation is extended by 22 years from the date an individual attains the age of majority (40 years old) or within five years an individual discovers that their current psychological injury or illness was caused by a sexual assault occurring before the age of majority. Claims, including retroactive claims, can be filed starting Jan. 1, 2020. There is a three-year retroactive window opened that permits old claims to be revived including claims that would otherwise be barred because of applicable statute of limitations for which no monetary damages were collected. AB 218 claims targets will be public entities, including Local Educational Agencies. Older claims will likely be more difficult and expensive to defend since records or witnesses may not be found. Because there may be a lack of documentation from many years prior, the process could be exploited and fraudulent claims be filed. The public may opine that your district has harbored sexual predators when in fact you are forced to settle a claim without evidence available to disprove it.  LEAs need to be aware and prepared for claims that pre-date the existence of your risk pool. Treble damages can be imposed if any effort to conceal can be proven. These damages may not be covered by a pool, excess pool or reinsurance and are ultimately the responsibility of the public entity to pay. AB 218 sets a lower standard to establish employer liability. Prior to AB 218, a victim could bring a civil suit against a person or entity after the plaintiff attains the age of majority if they allege that the employer had some reason to know of “unlawful sexual conduct” by their employee, volunteer, representative or agent and the employer failed to take action to prevent the abuse. AB 218 changed the “and” to an “or,” which eliminates the requirement that the employer have knowledge thereby creating a standard similar to strict liability, regardless of knowledge of or reasonable steps taken to safeguard students. Consider the following

Please note, this is not an exhaustive list nor is it to be construed as legal advice. Please contact your legal counsel should you have questions.