Senate Bill 577 ends protections for child sexual assault victims

September 8, 2025

Opinion by San Luis Obispo County District Attorney Dan Dow

I must respectfully oppose Senate Bill 577. If signed into law, it will result in a significant rollback of victim protections established by the Justice for Survivors Act just two years ago (Assembly Bill 452 – Addis).

Further, SB 577 directly undermines decades of progress made for survivors of childhood sexual assault. From a victim-centered perspective, this legislation prioritizes the fiscal interests of public entities over justice for some of society’s most vulnerable victims, creating concerning legal barriers that fundamentally weaken the ability of survivors to seek accountability.

Key Provisions That Undermine Victim Rights

1. Elimination of Treble Damages for Public Entity Cover-ups

SB 577 completely eliminates treble damages for victims when the defendant is a public entity, even in cases involving institutional cover-ups. This represents a fundamental retreat from accountability measures established in AB 218 (2019), which specifically authorized enhanced damages to deter institutional misconduct and cover-ups.

Treble damages serve a critical deterrent function against institutional misconduct. By eliminating this provision for public entities, SB 577 removes a powerful tool that incentivizes proper oversight and reporting of abuse within schools, detention facilities, and other public institutions. This creates a dangerous double standard where private entities face harsher penalties than government agencies for the same reprehensible conduct.

2. Heightened Burden of Proof for Older Victims

SB 577 imposes a “gross negligence” standard for plaintiffs over 40 years old filing claims against public entities, requiring proof of “reckless disregard” rather than ordinary negligence. This higher burden specifically targets older survivors who statistically represent the majority of those who come forward, as research shows over half of childhood sexual abuse survivors first disclose at age 50 or older.

This provision is particularly troubling because it penalizes victims for the very psychological trauma hat prevented them from coming forward earlier. The gross negligence standard makes it substantially more difficult for older survivors to hold public institutions accountable, effectively creating protection for defendants at the expense of justice.

3. Restrictive Certificate of Merit Requirements

SB 577 eliminates the 60-day grace period for filing certificates of merit, requiring concurrent filing with the complaint. The bill prohibits court clerks from accepting complaints without these certificates, even when statute of limitations deadlines are imminent. This procedural change creates a burdensome trap for unwary plaintiffs and their attorneys.

The elimination of the grace period could result in valid claims being forever barred due to administrative complications, particularly problematic for survivors approaching legal deadlines. This represents a shift from substance to form that undermines access to justice.

4. Severe Limitations on Refiling Dismissed Cases

The legislation prohibits refiling of certain childhood sexual assault claims against public entities if five years have passed since the original filing date, regardless of the reason for earlier dismissal. This provision essentially creates a hidden statute of limitations that could bar legitimate claims based on procedural dismissals unrelated to the merits. It incentivizes delay tactics by those being sued for allegations of sexual abuse as they would likely benefit from dragging out litigation to trigger this bar.

Comparison to Assembly Bill 452 “Justice for Survivors Act” Protections. In 2023, the Justice for Survivors Act (Assembly Bill 452 – Addis) passed as landmark victim-centered legislation that eliminated the statute of limitations entirely for civil enforcement of childhood sexual assault claims arising after January 1, 2024. AB 452 recognized the scientific reality that sexual trauma affects a survivors timing of disclosure and that arbitrary deadlines prevent justice for survivors.

Key AB 452 Protections That SB 577 Undermines

Unlimited time for filing claims: AB 452 removed all time barriers, recognizing that healing happens on the survivor’s timeline.

Equal treatment regardless of defendant type: No distinction between public and private entities.

Recognition of trauma’s impact: Acknowledged that “processing trauma and painful memories is complex and can’t be put on a timetable.”

Focus on institutional accountability: Maintained strong deterrent measures against cover-ups by institutions and their representatives.

Fiscal Arguments Versus Victim Justice

While SB 577 proponents cite fiscal concerns following major settlements like Los Angeles County’s $4 billion agreement, a victim/survivor focused approach should prioritize justice and accountability over budgetary convenience. The fiscal liability for public entities was caused by decades of institutional failure to protect children and systematic cover-ups of abuse.

The MacLaren Children’s Center scandal, dating back to the 1950s, exemplifies institutional negligence that created massive liability through its own misconduct.

Rather than ensuring reform of the systems that enabled child abuse, SB 577 seeks to limit consequences for past failures. Public entities had ample opportunity to implement proper safeguards and reporting mechanisms. The current financial impact represents the cost of accountability that should have occurred decades earlier.

Californians expect our lawmakers to hold government institutions to the highest standards of conduct, not shield them from consequences.

Conclusion

Senate Bill 577 represents a fundamental betrayal of California’s commitment to survivors of childhood sexual assault established through Assembly Bill 452. Rather than addressing the root causes of institutional abuse through improved oversight and prevention, SB 577 will limit accountability through procedural barriers and reduced penalties.

The People of California expect that government institutions will be held to the highest standards of conduct in protecting children. When these institutions fail catastrophicall —as demonstrated by the decades of abuse at facilities like MacLaren Children’s Center they must face the full consequences of their negligence to ensure such failures are never repeated.

SB 577’s language creates a system where the worst institutional actors may receive the greatest legal protections, inverting the principles of justice and accountability that should govern a civilized society. For these reasons, SB 577 should be rejected as fundamentally inconsistent with victim-centered justice and basic principles of governmental accountability.

I urge all legislators to vote no on SB 577.