SLO County DA: This California bill betrays victims of childhood sexual abuse | Opinion

I must respectfully oppose California Senate Bill 577, sponsored by Sen. John Laid. If signed into law, it would result in a significant rollback of victim protections established by the Justice for Survivors Act signed by the governor just two years ago.

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 victims’ rights

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, which specifically authorized enhanced damages to deter institutional misconduct and cover-ups.

This provision is particularly troubling because it penalizes victims for the very psychological trauma that 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.

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 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 Justice for Survivors Act

In 2023, the Justice for Survivors Act sponsored by Assemblymember Dawn Addis passed as landmark victim-centered legislation that eliminated the statute of limitations entirely for civil enforcement of childhood sexual assault claims arising after Jan. 1, 2024.

AB 452 recognized the scientific reality that sexual trauma affects a survivo’rs timing of disclosure and that arbitrary deadlines prevent justice for survivors.

These are 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

• No distinction between public and private entities: 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

While SB 577 proponents cite fiscal concerns following major cases like Los Angeles County’s $4 billion settlement of sexual abuse claims, a victim/survivor focused approach should prioritize justice and accountability over budgetary convenience.

Government must be held accountable

The fiscal liability for public entities was caused by decades of institutional failure to protect children and systematic cover-ups of abuse. 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.

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.

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 voters to ask their legislators to vote no on Senate Bill 577.

Dan Dow is the district attorney of San Luis Obispo County.

This story was originally published September 9, 2025 at 5:00 AM with the headline "SLO County DA: This California bill betrays victims of childhood sexual abuse | Opinion."