Fighting for Survivors: A Message from Michael Hackard
I’m Michael Hackard, founder of Hackard Law. Over my five decades of practice, I have fought for people whose voices have been silenced and whose rights have been ignored. Hackard Law is widely known for vigorously prosecuting California estate, trust, and financial elder abuse litigation across Sacramento, the San Francisco Bay Area, and Los Angeles. But that is not all we do. We represent underdogs in cases that others might not bring at all – and few clients are more deserving of that fight than survivors of childhood sexual assault.
I have written four books on inheritance protection and produced more than 1,000 educational videos that have reached over seven million viewers. Through all of that work, one truth has never changed: the law exists to protect people, especially those who have suffered in silence for far too long. Childhood sexual assault survivors are among the most courageous people I have ever had the privilege of representing. Their suffering is real, their losses are profound, and the law now gives them a path forward.
Hackard Law provides contingency fee representation – meaning qualified clients owe us nothing unless and until we negotiate a settlement or recover at trial. To speak with our team, call us today at (916) 313-3030.
Quick Summary
California expanded the civil litigation window for childhood sexual assault survivors, but time is running out for certain age groups. Survivors who are now over 40 have a closing three-year civil prosecution window that ends at the end of 2022.
- California law allows civil claims for childhood sexual assault, even when the abuse occurred decades ago
- The three-year civil window for survivors over age 40 closes at the end of 2022
- Hackard Law handles these cases on a contingency fee basis – no upfront costs
- Survivors can pursue civil remedies even when criminal prosecution did not occur or has lapsed
- Acting before the deadline is critical to preserving your right to recovery
What California Law Now Allows
California has made significant changes to the statutes of limitations governing civil claims for childhood sexual assault. These changes were designed to give survivors – many of whom carried their trauma silently for decades – a meaningful opportunity to hold their abusers accountable in civil court.
For survivors who are now over the age of 40, the state opened a three-year window to file civil claims regardless of when the abuse occurred. That window closes at the end of 2022. If you or someone you love falls into this category, time is not an abstraction – it is a deadline with real legal consequences.
Hackard Law is actively litigating several of these cases. The abuse in many of these matters occurred decades ago, yet the harm has never stopped. The financial toll grows, the emotional weight compounds, and the fracture often runs too deep for any judgment to fully mend. But civil accountability still matters – for survivors, for families, and for society.
Why Civil Claims Matter Even When Criminal Prosecution Did Not Happen
Many survivors never saw their abusers face criminal charges. Prosecutors may have declined to act, evidence may have been suppressed, or the survivor may not have been believed at the time. The civil justice system operates under a different standard of proof and offers a separate path to accountability.
In a civil claim, the burden of proof is preponderance of the evidence – meaning it is more likely than not that the abuse occurred. This is a lower bar than the criminal standard of beyond a reasonable doubt. Civil remedies can include compensatory damages for psychological harm, lost earnings, and the ongoing effects of trauma.
For survivors who have spent a lifetime managing the aftermath of abuse, a civil judgment is not just financial – it is a formal acknowledgment that what happened to them was wrong, that it caused real harm, and that the law sees them.
Case Pattern: A survivor in their late 40s came forward describing abuse by a youth organization leader that had occurred during their early adolescence. No criminal charges had ever been filed. Through civil litigation, the pattern of conduct by the organization – including prior complaints that were ignored – became central to the case, and a settlement was reached that provided meaningful recovery for the survivor.
The Human Cost: A Lifetime of Suffering
Country music legend Vince Gill wrote a song drawn from his own experience – a seventh-grade basketball coach who attempted to abuse him and had many other victims. The words Gill wrote speak to something that no statute can fully capture: the permanence of the harm. “Because of you, she’s forever changed.”
That permanence is something I have seen reflected in the lives of the survivors I represent. The abuse may have lasted months or years. The damage lasts a lifetime. Relationships are affected. Careers are shaped – or derailed – by trauma responses that the survivor may not even fully understand. Mental health struggles, substance use, difficulty with trust and intimacy – these are not character flaws. They are injuries.
Too many abusers have continued unchecked, unrepentant, and unpunished. Civil litigation is one of the tools society has to change that. It is not a perfect remedy. But it is a real one.
Case Pattern: A woman in her early 50s described abuse by a religious authority figure that began when she was nine years old. The institution had received prior reports about this individual and transferred him rather than reporting him. Civil litigation targeting the institution’s conduct – not just the individual abuser – led to a resolution that also included policy changes at the organization.
Institutional Accountability and the Broader Pattern
In many childhood sexual assault cases, the individual abuser did not act in a vacuum. Institutions – schools, religious organizations, youth programs, sports programs – sometimes knew or should have known about the conduct and failed to act. In some cases, they actively concealed it.
Civil litigation can reach those institutions directly. Claims for negligent supervision, negligent hiring, and negligent retention allow survivors to hold organizations accountable for the environments they created and maintained. This is not just about money. It is about changing the conditions that allowed abuse to happen and continue.
For decades, I have stood with families and individuals facing situations where power was abused and the vulnerable were harmed. Childhood sexual assault cases sit at the most serious end of that spectrum. Discovery, forensic analysis, and the pursuit of justice – these are not just legal strategies, but safeguards for people who were failed by the very institutions that were supposed to protect them. A steadfast commitment to truth restores what dishonesty tried to steal.
Key Definitions
- Statute of limitations: The legal deadline by which a lawsuit must be filed; California has extended this deadline for childhood sexual assault survivors through specific legislative changes.
- Three-year civil window: A limited period opened by California law allowing survivors over age 40 to file civil claims for childhood sexual assault, regardless of when the abuse occurred; this window closes at the end of 2022.
- Preponderance of the evidence: The civil standard of proof, meaning it is more likely than not that the alleged conduct occurred; lower than the criminal standard.
- Compensatory damages: Money awarded to a survivor to compensate for actual harm, including psychological injury, lost earnings, and medical or therapeutic costs.
- Negligent supervision: A legal theory holding an institution liable for failing to properly oversee individuals in its care who then caused harm.
- Negligent hiring or retention: A claim that an organization knew or should have known about an individual’s dangerous propensities and failed to act.
- Contingency fee: A fee arrangement in which the attorney is paid only if the case results in a settlement or judgment; the client pays nothing upfront.
- Civil claim: A lawsuit brought by a private individual seeking monetary or other relief, separate from and independent of any criminal prosecution.
- Institutional concealment: The act of an organization hiding, minimizing, or failing to report known or suspected abuse, which can itself create legal liability.
What to Do Next
- Look for any documentation you may have – journals, letters, therapy records, or communications that reference the abuse or its effects on your life.
- Get copies of any prior reports you made to schools, religious organizations, law enforcement, or other institutions, even if nothing came of them at the time.
- Try to avoid waiting – the civil window for survivors over 40 closes at the end of 2022, and missing that deadline means losing the right to file.
- Look for other survivors who may have experienced abuse by the same individual or within the same institution, as patterns of conduct can strengthen civil claims.
- Try to avoid discussing the details of your potential claim on social media or with people outside your legal team before consulting an attorney.
- Understand that you do not need a prior criminal conviction to pursue a civil claim – the standards are different and the path is open.
- Get a confidential consultation with an attorney who handles these cases before assuming your claim is too old or too difficult to bring.
- Review the contingency fee representation options available to survivors who cannot afford upfront legal costs.
- Call Hackard Law at (916) 313-3030 to speak directly with our team about your situation.
- Visit our contact page to reach us online and schedule a confidential consultation.
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