Legal Question in Criminal Law in California

In California is there a statute of limitations for sexual assault of a minor?


Asked on 8/06/12, 2:26 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

EVERY crime and cause of action has a statute of limitations stated.

for criminal prosecution,

Felonies basic rule, 3 yr statute;

Felonies punishable by 8+ years in prison, 6 yr statute;

Murder, other capital offenses, no limit by statute

On crimes against minors, there is a similar reporting delay possible. When filing criminal charges, the police will deal with that issue as part of determining whether to file or not.

In a civil lawsuit for childhood sexual abuse, the time limit is eight years after the victim turns 18, or within 3 years after the victim plaintiff discovers or should have discovered that psychological injury or illness occurring after the age of majority was caused by the sexual abuse, whichever period expires later.

If you are the victim thinking about pursuing these things, feel free to contact me if serious.

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Answered on 8/06/12, 4:06 pm
Anthony Roach Law Office of Anthony A. Roach

There's a lot of different statutes that may apply. Here is a start: http://www.rainn.org/files/reportingdatabase/California/CaliforniaStatueofLimitations.pdf

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Answered on 8/09/12, 1:21 pm


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