Legal Question in Criminal Law in California

Hello. I'm a 35 year old man. I recently had a baby boy. Ever since that great day I have unfortunately been having some very powerful, and strong negative emotions directed at my mother from my childhood. She was very abusive but I kept quiet for years. I now feel compelled to seek justice. I would like to file a suit. I am not so much in this for money as I'd feel like the best way to serve justice is for her to stand trial and face imprisonment for what she did. Needless to say our current relationship is non-existant. However if the only possibility of her being punished for what she has done is in a civil suit, then I would pursue that route too. Basically I just feel that she shouldn't get away with what she has done. She effectively ruined my life as I have had to battle many demons for years.

So is there anything I can do and if so what could that be?

Thank you for your help.


Asked on 10/13/11, 9:22 am

2 Answers from Attorneys
Daniel Martin Law Office of Daniel K Martin

I am sorry to hear of what you have gone through. First I must say that I hope you have already sought counseling with a therapist. That is not to say that there is no legal remedy it is just that the law is limited in the way it can make you whole. (Usually just money)

As far as potential remedies criminal charges are most likely out of the question because of the time that has passed. (There are exceptions to sexual abuse cases) Civil remedies are probably also out of the question because of the statute of limitation. Contact a lawyer and discuss your options, the lawyer will need to know specifics such as timelines and conduct.

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Answered on 10/13/11, 9:31 am
Terry A. Nelson Nelson & Lawless

Any civil claim of childhood sexual abuse must be brought no later than your 26th birthday. The statute of limitations has long since expired on criminal and civil action. If you need counseling help, get it, but 'the past is behind you' now, and litigation is not in your future. Move forward.

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Answered on 10/13/11, 11:45 am


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