How does Assembly Bill 218 work?

The California State legislature has passed the long-overdue Assembly Bill 218. Once signed by the Governor, AB 218 will greatly extend California’s statute of limitations for child sexual abuse claims and will even allow some survivors to revive old civil claims based on child sex abuse.

Assembly Bill 218 extends the civil statute of limitations on child sexual abuse claims, as well as opening a “window” or “lookback” period.  The civil statute of limitations is now extended until an abuse survivor turns 40 years of age, or for five years after the survivor learns or reasonably should have discovered that childhood sexual assault caused the survivor psychological or other injury, whichever is later. Until the bill is signed, the statute of limitations runs when a survivor turns 26 years old, or three years after the survivor learns that sexual abuse caused the survivor injuries.

The extension of the civil statute of limitations will allow survivors to seek justice and compensation from organizations that allowed the abuse to happen — which will pressure these organizations to make changes that protect kids.  This measure will help victims heal and make kids in California safer in the future.

How does the “window” or “lookback” period work?

Assembly Bill 218 will also open a three-year window, starting on January 1, 2020, during which civil lawsuits for child sexual abuse that occurred in California may be filed without regard to statutes of limitations. After AB 218 becomes law, survivors of child sexual abuse who are currently not able to file lawsuits because of the statute of limitations will be able to do so during the three-year window.

If you are a survivor of sexual abuse that occurred in California – what should I do now that the Assembly Bill 218 looks like it will become law?

Assembly Bill 218 represents a long-awaited opportunity for people in California who were sexually victimized as children to pursue justice. If you are a survivor of child sexual abuse in California, you should contact a lawyer who specializes in cases involving child sexual abuse to learn more about #AB218 

Ted A. Greene is the founder of Law Offices of Ted A. Greene, Inc. and handles these kinds of cases throughout California. He helps victims of sexual abuse seek justice for the years of suffering they have endured. Children need protection and this new law sends a very strong and clear message that abuse of this type should NEVER be allowed to occur. And if it does then those responsible, at all levels, will be forced to pay. You can contact Ted at tgreene@tedgreenelaw.com or call him at 916.442.6400 for a free consultation.

AB 1510 will allow victims facing statute of limitations challenges an opportunity to hold the doctor and university accountable

SACRAMENTO (Oct. 2, 2019) – Gov. Gavin Newsom has signed urgency legislation to give sexual assault survivors of Dr. George Tyndall a chance to seek justice in a state civil court against the former USC gynecologist accused of molesting thousands of women in his care over nearly three decades.

Assembly Bill 1510 by Asm. Eloise Gómez Reyes (D-San Bernardino) and backed by Consumer Attorneys of California would allow former students to press ahead with legal claims that face being denied because the statute of limitations on their cases may have run out.

In May 2018, the story broke of a cover-up by USC of sexual misconduct by Tyndall, the sole full-time gynecologist at its Student Health Center since 1989. Although USC received numerous complaints over the decades about Tyndall, it didn’t conduct an investigation until 2016 after a nurse reported the doctor to a rape crisis center.

Among the accusations are that Tyndall forced patients to strip naked and took photographs, groped breasts, and digitally penetrated them – often without wearing gloves and with unwashed hands – and made racist, misogynistic and sexually-harassing comments to the young students.

More than 700 former students have filed civil lawsuits in California state court against Tyndall and USC for sexual battery and related sexual abuse. Accusations against Tyndall date as far back as the late 1980s. 

The changes enacted by AB 1510 were approved by two-thirds votes in both houses and thus became law with the governor’s signature. AB 1510 gives each Tyndall survivor a choice – they can pursue a lawsuit in state civil court, or they can join in a federal class-action settlement with USC. 

“We are all very grateful that our cases can move forward,” said Nicole Haynes, a former USC track star who was molested by Tyndall when she attended the school in the 1990s. “This gives survivors like me a chance to hold those who harmed us accountable. We can choose our own path to justice.”

Haynes and more than 50 other Tyndall survivors gathered in late April at the state Capitol along with Olympic gymnastic champ Aly Raisman, herself a sexual assault survivor, to rally in support for the bill. The bill also won the support of USC student groups, including the university’s student government. Other supporters include California Women’s Law Center, Courage Campaign, Equal Rights Advocates and the Student Senate for California Community Colleges.

low long ago the abuse occurred.

Under the terms of a Federal Court Order, you have until November 7, 2019, to decide whether to pursue legal action or you will lose your right to bring your case to court.

 

USC is offering Tyndall Victims a “class action settlement” in an attempt to limit their liability.

 

Under the terms of a backroom deal between USC and the Class Action Lawyers, the average victim would receive $2,500. The lawyers who negotiated the deal will get up to $25 million and the public will never learn how a predator was allowed by USC to molest hundreds…or even thousands of vulnerable young women for three decades.

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You can opt out of this settlement, but you must do so by November 7, 2019. By opting out of this settlement, you will not be limited to the average $2,500.00 settlement and will have the chance to seek what you determine to be a fair amount, through an individual civil action.

 

USC is being sued by more than 600 former Dr. Tyndall gynecologist patients. Many of these victims would have been denied access to the courts by the state’s statute of limitations law. AB 1510 will give these women one year to bring their case to court and seek justice. USC officials will have to answer questions under oath and produce documents which could expose the administrators and others who covered up the Tyndall Scandal for more than thirty years. 

 

AB 1510 gives Tyndall victims a chance to have their claims heard in court for a short period of one year no matter how long ago the abuse occurred.

 

Ted A. Greene is the founder of Law Offices of Ted A. Greene, Inc. and handles these kinds of cases throughout California. He helps victims of sexual abuse seek justice for the years of suffering they endured. Victims need protection and this new law sends a very strong and clear message that abuse of this type should NEVER be allowed to occur. And if it does then those responsible, at all levels, will be forced to pay. You can contact Ted at tgreene@tedgreenelaw.com or call him at 916.442.6400 for a free consultation.