You have received a demand letter from a lawyer, or you have just been served with a civil lawsuit alleging childhood sexual abuse from decades ago. How is this even possible?
Child Sexual Abuse Statute of Limitations
California is the epicenter of the "child protection" and "believe the victim" movements, which date back to the 1960s. Since then, the state has enacted laws making claims of alleged abuse easier to prosecute both civilly and criminally, including repeated extensions to the statutes of limitations. The latest iteration is the complete abolishment of any statute of limitations whatsoever for claims arising from alleged abuse occurring from 2024 forward (See California Code of Civil Procedure § 340.1).
After decades of media messaging, such claims automatically engender enormous prejudice. The accused defendant is essentially forced to prove their innocence, rather than the plaintiff being required to prove liability, as the law actually requires. This uphill battle occurs after the passage of time has rendered favorable witnesses unavailable and relevant documents lost or destroyed.
For claims arising from alleged events prior to 2024, lawsuits must be brought before the plaintiff’s 40th birthday—or, crucially, “within five years of the date the plaintiff discovers or reasonably should have discovered that psychological injury or illness occurring after the age of majority was caused by the sexual assault” (See California Code of Civil Procedure § 340.11).
Plaintiff attorneys frequently rely on this legal mechanism, known as "delayed discovery," to bring lawsuits based on decades-old, and often false, claims of childhood sexual abuse.
Defending against these claims requires moving aggressively with an organized plan of attack that has been proven effective through extensive experience.
If you have been served with a civil lawsuit, you have 30 days to file a responsive pleading with the court. If you have been sent a demand letter by an attorney, it likely dictates a tight response deadline to avoid a formal filing. Either way, time is of the essence, and you need a defense strategy that attacks the core of the plaintiff's delayed discovery narrative.
A plaintiff over the age of 40 seeking to recover damages for historical childhood sexual abuse must submit "certificates of merit" to the court. This requires two distinct certifications:
A plaintiff’s failure to strictly follow this procedure provides grounds for a demurrer or a motion to strike, which can lead to the dismissal of the case.
To prevail on a statute of limitations defense under California Code of Civil Procedure § 340.11, the defendant must establish that the plaintiff “discover[ed] or reasonably should have discover[ed] that psychological injury or illness occurring after the age of majority was caused by the sexual assault” more than five years before the filing of the complaint.
To establish this defense, we execute the following steps:
Civil cases are always about one thing: Money. Plaintiff attorneys know that sexual abuse, harassment, discrimination, and retaliation allegations often carry a one-way attorney fee provision against defendants. Because of the sheer cost of litigation and the threat of these fees, defendants will often settle these claims for substantial sums—even when the allegations are completely false.
Financial gain alone rarely explains the exact timing of a "delayed discovery" lawsuit. It is imperative to reveal why the plaintiff is bringing the claim now, decades after the alleged abuse.
At the Innocence Legal Team, we know that to defeat a delayed discovery claim, we must demonstrate the accuser's ulterior motivations. We work diligently to uncover the true emotional trigger for the allegation. Common emotional triggers include a change in the defendant’s circumstances such as marriage, divorce, or a financial windfall. It could also be a change in the plaintiff’s circumstances, such as recent estrangement, a financial crisis or the influence of a third party. These, and other emotionally charged circumstances are often found to be the actual catalyst for the lawsuit, not a sudden psychological "discovery" of past trauma.
Here are the 7 key steps we take to protect you:
We sit down with you under strict Attorney-Client Privilege to gather every detail, piece together the historical context, and begin identifying potential motives the plaintiff might have for bringing this lawsuit decades later.
We meticulously analyze every piece of evidence. In decades-old claims, documentary evidence is rare but incredibly powerful. We look for inconsistencies, contradictory timelines, and evidence that destroys the delayed discovery narrative.
We investigate the background and social media of both the accuser (the plaintiff) and anyone influencing them (often a parent, sibling, or spouse). This is where we frequently find the "emotional trigger"—the real reason they decided to file a lawsuit right now.
Using our findings, we formulate a highly specific case theory and defense strategy. We build a factual narrative that highlights the plaintiff's ulterior motives, bolsters your credibility, and directly dismantles their attempt to bypass the statute of limitations.
If you have received a demand letter, we will respond in a timely manner with the results of our investigation with the intent of deterring the plaintiff’s attorney from going forward with a lawsuit.
If you have been served with a lawsuit, we will file a responsive pleading within the 30-day statutory time period. A response can include a demurrer, a motion to strike, or an answer.
We do not take the plaintiff’s claims of "recent psychological discovery" at face value. We use the civil discovery process (subpoenas, depositions, and interrogatories) to legally demand the plaintiff's medical, psychological, and financial records to prove they either knew of their alleged injuries long ago or are motivated by an external circumstance to make a false claim.
Plaintiff attorneys bank on defendants settling out of fear. By preparing every case as if it will go to trial from day one, we negotiate from a position of absolute strength—and we are fully ready to present our findings to a judge or jury to clear your name.
Fighting a civil abuse claim based on delayed discovery requires a law firm that exclusively understands the mechanics of false allegations and sexual misconduct defense.
The Innocence Legal Team is California's only criminal and civil defense law firm focused entirely on defending those accused of sexual offenses. We do not represent plaintiffs; we defend the accused.