Holding the enablers accountable: How recent legislation is reshaping civil liability in sexual abuse cases

Sexual violence is pernicious. It is unbiased in its victims and affects almost everyone. Men, women and children alike suffer this form of abuse globally, and the statistics are staggering: "Nearly every minute, someone in the U.S. is sexually assaulted. Every nine minutes, that someone is a child." (RAINN, Scope of the Problem: Statistics [as of Apr. 24, 2026].) "Nearly 1 in 3 women have experienced partner or sexual violence during their lifetime." (World Health Organization, Violence Against Women (Mar. 25, 2024) [as of Apr. 24, 2026].) It is further estimated that "1 in 6 men experienced sexual abuse before the age of 18 according to studies conducted between 1990 and 2005." (Dube et al., Long-Term Consequences of Childhood Sexual Abuse by Gender of Victim (2005) 28 Am. J. Preventive Med. 430, 430-438, as cited in RAINN, About Sexual Assault [as of Apr. 24, 2026].)

Yet for all the ways sexual abuse pervades our society, the legal system's primary response--criminal prosecution--addresses a fraction of the problem, focused almost entirely on individual perpetrators. While the criminal system's purpose is profound and necessary, it has its limitations.

Two needs remain unmet: accountability against the institutional actors who allowed, enabled or concealed the abuse, and financial means for survivors to secure housing, therapy and stability for meaningful healing. Without support, survivors often carry the compounding costs of untreated trauma. This includes unstable employment, substance use and maladaptive coping mechanisms potentially leading to further harm. In some instances, delayed disclosure can foreclose prosecution due to statutes of limitations, survivors face re-traumatization, and restitution is often minimal or nonexistent. Most consequentially, criminal law focuses on the individual offender, leaving civil remedies as the only mechanism capable of addressing both the institutional failures and the financial harms abuse leaves behind.

Civil accountability fills these gaps. Recent California legislation--Assembly Bills 2777, 250, 452 and 621--and federal proposals like H.R. 5560 mark a decisive shift toward holding institutions and platforms, not just individuals, answerable for the harm they enable.

Assembly Bill 2777, the Sexual Abuse and Cover Up Accountability Act, for adult survivors of sexual assault, was approved on Sept. 19, 2022. (2021-2022 Reg. Sess.) It amended Section 340.16 of the Code of Civil Procedure and revived two categories of claims otherwise time-barred. First, any claim seeking recovery of damages suffered as a result of a sexual assault alleged to have occurred on or after Jan. 1, 2009, and commenced on or after Jan. 1, 2019, as long as such actions are commenced no later than Dec. 31, 2026; and second, any claim alleging that an entity engaged in a cover-up of the sexual assault, as long as such claims were commenced between Jan. 1, 2023, and Dec. 31, 2023, excluding claims litigated to finality or settled by Jan. 1, 2023. The Legislature explained its rationale directly: "[...] it is self-evident that statutes of limitation for sexual assault need to be crafted in a way that does not cause the covering-up company to enjoy the fruits of their cover-up solely because our statutes of limitation permit, and thus motivate, such behavior." (Chap. 442, Stats. 2022.)

Assembly Bill 250, enacted on Oct. 13, 2025, both clarified and extended AB 2777. First, it made clear the revival window applies to actions brought against the entity that engaged in the cover-up and the perpetrator. Second, the bill extended the window for entity claims from Dec. 31, 2023, to Dec. 31, 2027. It expressly excludes claims against public entities.

Assembly Bill 218 (Chap. 861, Stats. 2019) extended the statute of limitations for childhood sexual assault actions until 22 years after the age of majority and revived most expired claims for three years, ending Dec. 31, 2022. It expanded the definition of "childhood sexual abuse" to "childhood sexual assault," and removed the Government Claims Act's presentation requirement for claims arising from childhood sexual assault. Where victims prove a "cover-up," treble damages are recoverable. (§ 340.1(b)(1).)

Recognizing the need to unify piecemeal extensions, AB 452 (Chap. 655, Stats. 2023) was signed into law in October 2023. It eliminated the statute of limitations for childhood sexual assault entirely for any claim arising on or after Jan. 1, 2024. Causes of action arising before that date remain subject to the law as it read on Dec. 31, 2023.

As the line between offline and online harm has dissolved, the law is attempting to evolve. While the recently enacted Take It Down Act criminalizes the non-consensual online publication of intimate images and AI-generated deepfakes federally, AB 621 is part of a growing trend of state-led AI regulations.

AB 621 took effect Jan. 1, 2026, and recasts Civil Code Section 1708.86 to strengthen civil liability against third-party actors, including content creators and platform operators of a "deepfake pornography service," defined as an internet website, mobile application or other service the primary purpose of which is to create digitized sexually explicit material. (§ 1708.86(a)(3).) The bill creates civil causes of action against those who create and intentionally disclose digitized sexually explicit material portraying a person without consent, those who distribute such material, and--perhaps most importantly--those who "knowingly or recklessly facilitate, aid, or abet" that conduct. The statute increases damages, and plaintiffs may recover up to $250,000 for violations committed with malice--meaningful relief where the criminal system would offer minimal to no restitution. Significantly, the law presumes lack of consent absent the production of express written consent from the depicted individual and removes the consent inquiry entirely when the depicted individual is a minor--a major narrowing of a common defense.

At the federal level, H.R. 5560, introduced in the 119th Congress, would, if passed, amend the Child Abuse Prevention and Treatment Act to incentivize states to eliminate civil and criminal statutes of limitations and revive time-barred civil claims for child sexual abuse cases. It authorizes the secretary of Health and Human Services to make grants to eligible states (42 U.S.C. § 5106c) to achieve one or more reforms, including the elimination of all state civil statutes of limitations for claims arising from child sexual abuse against perpetrators, other individuals, and public and private entities, and reviving previously time-barred civil claims for the same, or at minimum, permitting previously time-barred claims a two-year period or until a victim reaches age 55, whichever is longer. (H.R. 5560, 119th Cong. (2025).) If passed, H.R. 5560 would establish, for the first time, a coordinated national baseline for civil accountability in child sexual abuse cases.

For practitioners, the implications are immediate. Plaintiffs' counsel must carefully evaluate eligibility under revival provisions and act within extended filing windows while developing strategies to address evidentiary gaps in older cases. Defense counsel, particularly those representing institutional clients, should reassess exposure in light of revived claims, review insurance coverage, and anticipate discovery demands focused on historical practices and internal knowledge. In both contexts, early case assessment and strategic use of procedural tools will be critical.

The civil system is not a substitute for criminal prosecution; both serve essential and distinct functions. But it operates where criminal enforcement often cannot--particularly in cases involving delayed disclosure or institutional concealment. By expanding access to civil remedies and extending liability to enabling actors, recent legislation reflects a policy judgment: accountability for sexual abuse should encompass not only those who commit it, but also those who allow it to occur.