If you were told years ago that it was too late to sue over a sexual assault, California law just changed the answer. Under AB 250, a new revival window opened on January 1, 2026, and it runs through December 31, 2027. During this two year period, survivors whose civil claims were previously barred by the statute of limitations can file again, if the assault happened after their 18th birthday and an institution covered it up.
This is not the same law behind our earlier post on suing for sexual assault in California generally. That post covers the standard rules going forward. This one is about the narrow, time limited opportunity AB 250 just created for claims that were already considered closed.
If your situation also involves a workplace, our practice page on sexual assault and abuse claims covers the broader civil claims process, while this post focuses specifically on the new filing deadline.
What Is AB 250?
AB 250 is the Justice for Survivors of Sexual Assault Act. Governor Newsom signed it on October 13, 2025, and it amends California Code of Civil Procedure § 340.16, the statute that sets deadlines for adult sexual assault civil claims.
Section 340.16 has been amended several times in recent years, and each version has adjusted who gets a second chance to sue. AB 250 is the newest version, and it opens a fresh revival window rather than extending an old one.
Under California law, a revival statute does not create a new type of claim. It removes the statute of limitations as a defense, for a defined group of survivors, during a defined period of time. Outside that window, the normal filing deadlines apply again.
Who Qualifies Under the Revival Window
To use the AB 250 window, your situation generally has to meet these conditions:
- The assault happened on or after your 18th birthday
- Your claim would have been legally barred before January 1, 2026, solely because the statute of limitations had run out
- An entity, such as an employer, school, or organization, is legally responsible for the harm
- That entity engaged in, or attempted, a cover up of the assault, as the statute defines that term
If your claim was barred for a different reason, such as a lack of evidence or the wrong type of defendant, this window does not fix that. It only removes the timing defense, and only for claims that meet all four conditions above.
What Counts as a Cover Up
This is the part of AB 250 that catches a lot of people, including employers, off guard. The statute defines a cover up broadly. It is a concerted effort to hide evidence of a sexual assault that either discourages people from coming forward or keeps information from becoming public.
The law is explicit that this includes the use of a nondisclosure agreement or confidentiality agreement tied to a past allegation. In other words, if you signed an NDA years ago that kept your assault or someone else’s assault quiet, that agreement itself can now support a cover up claim, even though NDAs were legal to use at the time.
You also do not need a related criminal case. Section 340.16 states outright that no criminal prosecution is required, and if one happened, it does not have to have ended in a conviction. A civil claim stands on its own legal footing.
The Filing Deadline: January 1, 2026 to December 31, 2027
The window is exactly two years. If a qualifying claim was already pending in court on January 1, 2026, it can continue. If it was not yet filed, it has to be filed inside the window, meaning no later than December 31, 2027.
This is not a soft deadline. Revival windows close on the date the Legislature sets, and claims filed after that date lose the benefit of the revival, even if every other requirement is met. If you think you may qualify, the safest move is to have your situation evaluated well before the window narrows, not in the final weeks of 2027.
Suing an Employer for a Cover Up Under AB 250
For employees, AB 250 reaches further than the assault itself. Section 340.16 also revives certain related claims, including wrongful termination and sexual harassment claims connected to the same underlying conduct. That matters if you were pushed out of a job, demoted, or silenced after reporting what happened to you, and it can overlap with what counts as retaliation at work under California law.
Under California law, employers already have a duty to prevent and address sexual harassment and assault in the workplace, a duty our workplace sexual harassment practice page covers in more depth. What AB 250 adds is a second chance to hold an employer accountable specifically for how it handled the situation afterward, including whether it used a confidentiality agreement to keep the assault quiet instead of addressing it.
One important limit: AB 250 does not apply to public entities. If the entity involved in your case is a government employer or agency, this particular revival window is not available, though other legal options may still apply.
What This Means If You Were Told It Was Too Late
If a lawyer told you years ago that your deadline had passed, that may no longer be accurate. The law itself changed, and it changed specifically for situations like this. You have the right to have your case looked at again under the current rules, not the rules that applied when you first asked.
Here’s how you protect yourself if you think you may qualify:
- Write down what you remember about the assault and, separately, what happened afterward, including any agreement you were asked to sign.
- Locate any paperwork tied to a settlement, severance, or confidentiality agreement, even an old one.
- Note the approximate dates. Eligibility depends on when the assault occurred and when your claim would have originally been barred.
- Get a legal opinion on whether your situation fits the cover up definition before the window closes.
If you’re dealing with a claim that was previously time barred and think AB 250 may apply to you, you can contact Nabati Law for a confidential consultation to discuss your options.
AB 250 and the Earlier AB 2777 Window
AB 250 is not the only revival window currently open. AB 2777, passed in 2022, created its own three year window that runs through December 31, 2026. The two statutes have different eligibility rules and different closing dates, and some survivors may qualify under one, the other, or both.
Because the deadlines do not match, this is not something to sort out on your own timeline. A short conversation with an attorney can clarify which window, if any, applies to your specific facts.
If you’re unsure whether your situation qualifies or the deadline has already affected your case, you can contact Nabati Law to discuss your situation.
Frequently Asked Questions
Does AB 250 apply to childhood sexual abuse claims? No. AB 250 applies to assaults that occurred on or after the plaintiff’s 18th birthday. Childhood sexual abuse claims are governed by a separate statute, Code of Civil Procedure § 340.1, with its own timeline.
Do I need a police report or criminal conviction to file? No. Section 340.16 does not require a criminal case to have been filed, and if one was filed, it does not need to have resulted in a conviction.
What if my old case was dismissed, not just time barred? AB 250 revives claims barred solely by the statute of limitations. If your case was dismissed for a different legal reason, the revival window likely does not apply, and you should have that dismissal reviewed separately.
This blog is for informational purposes only and does not constitute legal advice.
