Legal Question in Criminal Law in California

Re: Old Child Molestation Case Question

It really depends on when he realized he was being molested. On the civil note, we don't deal with civil so we cannot answer that.

Re: Old Child Molestation Case Question

There is a 6-year statute of limitations on molestation cases where the offense is punishable by 8 or more years; a 3-year statute if punishable by less than 8 years in prison. Penal Code ��800, 801. However, the statute of limitations does not begin to run until the time of discovery of the crime. But more importantly, there are several exceptions concerning specified sex crimes against victims under 18 at the time of the offense, which authorize revival of an expired statute of limitations. (See Penal Code �803 (f)-(g).)

Besides the statute of limitations, there is a Due Process problem with bringing a case against you so long after the alleged conduct. The prosecution, if challenged by the defense, would have to show that there was sufficient justification to outweigh the actual prejudice you have suffered by virtue of that delay. The real meaning of this is complicated: Molestation cases are not where you find the defendant getting any breaks; all close questions go to the prosecutor. But a case where the victim had been known (what do you mean when you say they knew of the other victim and his name but he was not "discovered?") for such a long time will likely result in no prosecution so many years later. It would appear that the exceptions to the statute of limitations problem do not apply, and that the facts do not support a prosecution in light of the passage of time.

This is a complicated issue, and more facts would need to be discussed to give you any more specific advise. I am available if you would like to consult with me. Otherwise, I wish you luck.

Jacqueline Goodman Rubio

Attorney at Law

[email protected]

(714)879-5770