TL;DR: Most survivors assume they have two years to file a civil sexual assault case in California. The actual deadline is up to 10 years from the date of the assault or three years from when you first understood the harm it caused. And if you think your deadline has passed, a new California law that took effect in January 2026 may just have reopened that window.
You probably heard you have two years to file a claim. This number shows up everywhere online, after all. The problem is that California sexual assault cases don’t follow the standard two-year personal injury rule. They follow a completely different, more generous statute. There is a longer window and a discovery rule that survivors never know about until it’s almost too late.
Let’s walk through how California’s deadlines work for adult survivors and what the new 2026 law changed for people who gave up on the idea of filing years ago.
1. Wait, It’s Not Two Years?
You have two years to file a standard personal injury case in California under Code of Civil Procedure Section 335.1.
Sexual assault cases in California fall under Code of Civil Procedure Section 340.16. That’s a different law entirely.
Under that statute, an adult survivor has until whichever of these two deadlines comes later: 10 years from the date of the assault, or three years from the date they discovered that an injury resulted from the assault. That second option is called the discovery rule, and it matters more than most people realize.
Trauma doesn’t always make a grand appearance. Some survivors spend years feeling anxious. They have a difficult time at work and relationship problems. They don’t immediately connect these to what happened during a rideshare ride two or three years earlier.
The discovery rule exists because California understands that harm from sexual assault can show itself long after the assault. The clock on the three-year deadline doesn’t start until you notice the harm.
2. What If You Thought Your Deadline Already Passed?
This is where Assembly Bill 250 comes in. It’s very important for survivors who gave up on the idea of filing.
AB 250, effective January 1, 2026, opened a two-year revival window for adult survivors whose civil sexual assault claims had already expired under the previous deadline. In plain terms: if the statute of limitations ran out before you filed, you may now have a second chance. The revival window lasts through December 31, 2027.
There’s a catch. Not every expired claim qualifies under AB 250. The details of your specific situation determine whether you have a second chance. But if you’ve ever regretted not taking legal action because the deadline passed, it’s worth consulting with an attorney. Maybe you have another chance.
3. Why Did California Change the Law in the First Place?
Because the old rules ignored how trauma actually works.
Dr. Jennifer Freyd has published extensively on why survivors delay reporting. Her research, developed into Betrayal Trauma Theory, explains that survivors who are assaulted by someone they depend on or trust are likely to minimize what happened, suppress it, or delay processing it. This includes drivers on platforms they rely on to get home safely. The brain protects itself by not processing the betrayal until the person is ready to deal with it.
California lawmakers have used this research to extend deadlines and open revival windows. The state understands that forcing survivors to come forward when they’re not ready is not justice.
4. Does the Deadline Work Differently for Rideshare Assault Cases?
CCP 340.16 gives you up to 10 years to file the lawsuit.
It doesn’t protect the evidence that makes the lawsuit worth filing. Uber and Lyft store trip records, driver complaint histories, GPS logs, and internal safety communications on their own schedules. Some of that data gets purged within months. Once it’s gone, an attorney can’t recover it through legal discovery because it no longer exists.
The legal hold notice that freezes a company’s records has to be sent by an attorney as soon as possible after you decide to move forward. You can have 10 years to file the case on paper and still end up with a significantly weaker case because the most valuable evidence disappeared in year one.
At the Law Offices of John C. Ye, the first thing we do when a survivor comes to us is send that legal hold. The deadline for filing and the deadline for preserving evidence are two completely different clocks, and the second one moves much faster.
5. What Happens If You Miss the Deadline Entirely?
In most cases, your civil case will be dismissed permanently. Courts are strict about this. Uber’s legal team will file to dismiss any case that falls outside the applicable window.
This is why it’s important to confirm which deadline applies to your case. Don’t rely on general information online. The 10-year window under CCP 340.16, the discovery rule, and the AB 250 revival period all have specific conditions. Which of them applies depends on when the assault happened, what you knew, and when.
If you choose to consult with us, we’ll answer all your questions and explain your legal options clearly. You deserve to move forward with confidence.
Frequently Asked Questions
What is the time limit to sue for sexual assault in California as an adult?
You have either 10 years from the date of the assault or three years from when you discovered that the assault caused your injury, whichever deadline comes later. This is significantly longer than the standard two-year personal injury rule.
What is the discovery rule in California sexual assault cases?
The discovery rule means your three-year window doesn’t start from the date of the assault. It starts from the date you discovered or understood that the assault caused the harm you’ve been experiencing. This matters for survivors who didn’t connect their symptoms to what happened until years later.
What did Assembly Bill 250 change for California sexual assault survivors?
AB 250 opened a two-year revival window for adult survivors whose civil claims had already expired. If you thought your deadline had passed, you may have another chance.
Does the 10-year deadline apply to rideshare assault cases?
Yes. A rideshare sexual assault by an Uber or Lyft driver is covered by CCP 340.16, which means the same 10-year and discovery rule deadlines apply. However, digital evidence may get erased within a year.
Can I still file if it’s been more than two years since the assault?
Possibly yes. The two-year rule applies to general personal injury cases, not sexual assault cases specifically. An attorney can look at your specific dates and circumstances to confirm which deadline applies and whether you’re still within it.
Does missing the deadline end my case?
In most situations, yes. California courts are strict about statute of limitations deadlines. And companies like Uber use them as a primary defense. AB 250 is an exception for certain expired claims.
The Clock Isn’t Always Running the Way You Think.
If this happens to you or someone you love, reach out to us. Your consultation is free, completely confidential, and comes with no obligation. We’ll tell you exactly which deadline applies to your situation and whether your window is still open.
Key Takeaways
- California sexual assault civil cases fall under CCP 340.16. The usual two-year personal injury deadline doesn’t apply here. Adult survivors have up to 10 years or three years from discovery, whichever is later.
- The discovery rule means your clock may not have started when the assault happened. It starts when you understood the harm it caused.
- Assembly Bill 250 reopened a two-year filing window for adult survivors whose claims had already expired. That window runs through December 31, 2027.
- Digital evidence inside Uber and Lyft’s systems disappears long before any legal filing deadline.
- Never assume the door is closed before consulting with an attorney.
