by Melanie Aves

Created on: December 02, 2008   Last Updated: March 29, 2012

Here are some legal facts to consider in determining options for minors who are victims of sexual abuse:

1. According to California Code 340.1, an action for recovery of damages suffered by a victim of childhood sexual abuse must begin within 8 years of the time the plaintiff reaches the age of 18, or, if the plaintiff is older than 26, within 3 years of determining that childhood sexual abuse was the cause of psychological injury or illness.

2. Actions may be taken against an individual for committing an act of sexual abuse, against a person or entity who was responsible for the care of the plaintiff and whose negligence allowed sexual abuse to cause injury to the plaintiff, or against a person or entity whose intentional action resulted in sexual abuse causing injury to the plaintiff.

3. These statutes of limitations do not apply if the responsible person or entity knew or had reason to know of any unlawful criminal sexual conduct by an employee, volunteer, representative or agent, and failed to take steps to protect the child or children from future harm, including avoiding or preventing placement of that person in contact with children. Providing or requiring counseling does not constitute a reasonable step or adequate protection.

4. A legal action may not be taken if the matter was legally settled in court before January 1, 2003, or, if a previous settlement was agreed upon and signed by the plaintiff while represented by a licensed attorney.

5. If the plaintiff is 26 or older, certificates of merit will be required by the court. Certificates of merit must be executed by a licensed attorney and a licensed mental health practitioner selected by the plaintiff. Certificates of merit shall set forth the facts of the case that both the attorney and the mental health practitioner believe constitute a reasonable cause for the action. A separate certificate must be filed for each defendant in the case.

6. The names of the defendants may not be included in any action until a certificate of corroborative facts is prepared by the plaintiff's attorney. The certificate of corroborative facts sets forth in clear and concise terms facts that support the charges against the defendant or defendants. The opinion of the mental health practitioner is not considered a corroborative fact.

7. The court will keep facts relating to the case confidential from the public and from all parties relating to the case except the plaintiff.

8. Regarding school situations the California Education Code 234 promises to improve student safety and the connections between pupils and supportive adults, schools and communities.

9. These improvement are to be accomplished by prohibiting discrimination and harassment, adopting a policy for receiving and investigating complaints, publicizing anti-discrimination and anti-harassment policies through pubic posters, maintaining documentation of complaints and their resolution, ensuring that complainants are protected from retaliation, and appointing a local educational agency officer to ensure district compliance with the laws regarding discrimination and harassment.

Sexual abuse happens in many situations beyond home and school. Common situations where abuse has been reported include churches, Big Brother/Big Sister programs, and in-patient drug centers. Offenders include ministers, volunteers, employees of agencies, and family members. All victims of sexual abuse have certain legal rights, and understanding those rights is important before deciding on legal action.

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