I'm in My 30s. Is It Too Late to Sue My School for Sexual Abuse?
Written by Alex E. Cunny, Partner · Updated October 2026
The short answer. No. In California, you can bring a case against a school district for sexual abuse you suffered as a student any time before your 40th birthday. You don't have to file a government claim first, and you can file as “Jane Doe” or “John Doe.” If the abuse happened on or after January 1, 2024, there is no deadline.
Why the deadline is your 40th birthday
California’s AB 218, sometimes called the California Child Victims Act, set the age-40 deadline in 2019. It still applies to abuse that happened before 2024 (Code of Civil Procedure § 340.11). For abuse on or after January 1, 2024, there is no deadline (Code of Civil Procedure § 340.1).
Childhood sexual assault claims against public school districts are also exempt from the usual government claim-filing requirement (Code of Civil Procedure § 340.11(s); Government Code § 905(m)). You do not need to have filed anything with the district before now.
Waiting this long is normal
Many survivors we talk to are in their 20s and 30s. Many never told anyone, or told someone and nothing happened. Many aren’t sure it was “bad enough,” or assume it’s too late. None of that decides whether you have a case. What matters is what happened, who was responsible for supervising the person who hurt you, and whether you file before your 40th birthday.
What you do not need
A police report or criminal charges. A civil case is separate from any criminal case. Many abusers are never charged.
Records or proof in hand. Investigating is our job. We gather school records, staff files, witness accounts and other evidence.
To have told anyone at the time. Most survivors don’t. Delayed disclosure is normal.
Does SB 577 change this?
For survivors under 40, the core rule is unchanged. SB 577 takes effect January 1, 2027. You can still sue a school district any time before your 40th birthday, with no government claim first. The new law mainly affects survivors who are 40 or older when they sue a public entity over abuse that happened before 2024. They must now meet a higher standard of proof. Read: What SB 577 means for survivors →
If your 40th birthday is coming up
A lawsuit has to be investigated and prepared before it is filed, so it helps to start well before your birthday. A free, confidential review can confirm the deadline that applies to you.
If you’re 40 or older
Different and stricter rules apply, so talk to a lawyer promptly. LMMB currently evaluates California school cases for survivors under 40.
Every case is different. This is general information, not legal advice.
Free, confidential case review
If you are a survivor, contact us for a free and confidential consultation about your legal options.
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