Legal Question in Criminal Law in California

my daughters, one who is now 24 and one who is 18, were molested by their step uncle when the oldest she was 13 and my youngest was the same age or so. What is the statute of limitation for this type of case.


Asked on 7/03/10, 12:29 pm

2 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

i believe it is 8 years after reaching the age of majority [18] or one year after realizing it, which ever is longer. There is no advantage in waiting, so go to the police now.

Read more
Answered on 7/03/10, 5:30 pm
Terry A. Nelson Nelson & Lawless

For criminal law, they should be filing police reports and seeking prosecution.

The civil law says: "In an action for recovery of damages suffered as a result of childhood sexual abuse, the time for commencement of the action shall be within eight years of the date the plaintiff attains the age of majority..." Thus, action can be filed by the girls up to age 26. The longer they wait, the less credible the story. Whether to file depends upon a reasonable assessment of whether there is any chance of recovery of money from the person, otherwise they would be spending money simply to make a point. IF they think it is worth pursing the civil case, have them contact me to discuss the evidence they have to prove the allegations. It requires more than their 'word' against his.

Read more
Answered on 7/05/10, 10:37 am


Related Questions & Answers

More Criminal Law questions and answers in California