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July 22, 2018 - SACRAMENTO – Senator Jim Beall’s legislation, SB 1053, to resolve any confusion about how long a victim of childhood sexual abuse has to file a claim against a public entity and seek justice through the civil courts, was ratified Friday beall jim california state senatorby Governor Brown.

“Since many abusers manage to escape prosecution,’’ Beall said, “the ability of victims to file a civil case should be protected and serve as a deterrent to the perpetuation of abuse by those who would shield the abusers from justice.’’

Victims struggling with the trauma of childhood sexual abuse often don’t report the abuse quickly or fail to report it at all because of threats, being ashamed, or repressing painful memories. It may take years for victims to come forward to bring civil or seek criminal actions against both direct perpetrators of child sexual abuse and third parties, such as schools.

Recognizing these unique aspects of childhood sexual abuse cases, the Legislature passed SB 640 (Simitian) in 2008. The bill exempted molestation claims from the Government Tort Claims Act against public entities, which requires the victims to provide written notice within six months. Despite SB 640 and a subsequent Legislative Counsel opinion sought by Senator Beall that supported the bill’s intent, some school districts continue to enforce a six-month claims filing procedure.

SB 1053 clarifies and codifies the Legislature’s intent in 2008 to exempt child sexual abuse victims from that six-month claims process for public entities.

This bill was co-authored by Senators Ricardo Lara, D-Bell Gardens; Connie Leyva, D-Chino; and Bob Wieckowski, D-Fremont; and Assemblymembers Ash Kalara, D-San Jose; Freddie Rodriguez, D-Pomona: and Randy Voepel, R-Santee.

SB 1053 is sponsored by the Consumer Attorneys of California. Among the organizations supporting SB 1053 are the California Catholic Conference, the Peace Officers Research Association of California, the California Nurses Association, the California State PTA, John Burton Advocates for Youth, and the National Center for Youth Law.

“This legislation is an important step forward in asserting the dignity of  sexual assault survivors, and creating a more just California for all,’’ said Sandra Henriquez, Chief Executive Officer of the California Coalition Against Sexual Assault, which also supported the bill.  “SB 1053 ensures that our laws recognize the unique and traumatic impact of childhood sexual abuse, and we thank Senator Jim Beall for his leadership and ongoing efforts to stand with survivors everywhere.’’

During his career, Senator Beall has introduced bills to extend the statute of limitations for victims of sexual abuse to file for civil damages against their abusers and other responsible parties, and ban confidential lawsuit settlements involving allegations of child sexual abuse.

He is also the author of Audrie’s Law, which reformed juvenile sex assault statute to provide justice for victims. Senate Bill 858 was approved in 2014 by the Legislature and the governor.
Source: Senator Jim Beall