California’s AB 218 and the Extended Window for Suing Schools
In recent years, California Assembly Bill 218 (AB 218) has significantly altered the landscape for those accused of historic molestation and abuse cases. This new legislation, primarily focused on enabling survivors to seek justice long after the incidents occurred, presents unique challenges and implications for accused individuals. This blog aims to provide an in-depth understanding of AB 218, its impact on the accused, and what steps can be taken to prepare for potential legal challenges.
Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with one of our appeals attorneys near you.
Understanding California’s AB 218
California’s AB 218 extends the statute of limitations for filing lawsuits related to childhood sexual abuse. Previously, survivors had until their 26th birthday or three years from the discovery of the abuse to file a claim. With AB 218, the window is now open until the age of 40 or five years from the discovery of the abuse, whichever is later. This legislative change aims to provide survivors with more time to seek justice, acknowledging the often-delayed nature of trauma recognition and reporting.
Implications for the Accused
For individuals accused of historical molestation, AB 218 introduces a landscape of uncertainty. The extended window means that accusations can emerge decades after the alleged incidents, posing significant challenges for the defense. Preparing for these potential claims requires a deep understanding of the law and proactive measures to safeguard one’s rights.
The rationale behind AB 218 is rooted in the recognition that survivors of childhood sexual abuse often take years to come forward. Psychological trauma, fear, and societal stigma can create barriers to timely reporting. By extending the statute of limitations, the law aims to offer survivors a fair chance to seek justice and hold perpetrators accountable.
How AB 218 Affects Schools and Organizations
Schools, churches, and other organizations are particularly impacted by AB 218. The law includes a three-year window (from January 1, 2020, to December 31, 2022) during which survivors can file claims regardless of how much time has passed since the abuse. This revival period has led to a surge in lawsuits, prompting institutions to revisit their policies, records, and potential liabilities.
The Surge in Lawsuits Under AB 218
Since the enactment of AB 218, there has been a notable increase in the number of lawsuits filed. Organizations and individuals alike have faced legal challenges stemming from allegations dating back decades. This surge underscores the importance of understanding the nuances of the law and preparing adequately for possible litigation.
Preparing for Legal Defense
For those accused under AB 218, preparation is key. Documentation, witness accounts, and a thorough understanding of one’s legal rights are essential components of a robust defense strategy. Consulting with legal experts who specialize in historic abuse cases can provide invaluable guidance in navigating these complex situations.
The Role of Evidence in Historic Abuse Cases
Evidence plays a pivotal role in defending against allegations of historic abuse. Given the extended timeline, gathering and preserving evidence becomes challenging. However, old records, correspondence, and even testimonies from individuals who can attest to the character of the accused can be crucial in building a defense.
Being accused of molestation, especially decades after the alleged incidents, can have a profound psychological impact. The stress, stigma, and potential damage to one’s reputation can be overwhelming. Seeking support from mental health professionals and support groups can help accused individuals cope with these challenges.
The Importance of Legal Counsel
Engaging experienced legal counsel is perhaps the most critical step for anyone accused under AB 218. Legal professionals with expertise in abuse cases can offer strategic advice, help gather evidence, and represent the accused effectively in court. Their knowledge of the law and courtroom procedures can be instrumental in achieving a favorable outcome.
Contact Wallin & Klarich Today
If you are facing charges under AB 218, you need to contact an aggressive criminal defense attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped many clients ensure they receive a fair trial in their criminal defense cases. We know the most effective strategies to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.
At Wallin & Klarich, we have offices all over Southern California: Irvine, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, West Covina, and Anaheim. Additionally, our law firm can handle many types of cases statewide.
Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled defense attorney near you.
