Legal Question in Criminal Law in California

Re: Fear to testify against child abuser

Alot hopefully! First of all, you and your family certainly have our strongest condolences, support and prayers. From a legal standpoint, the most important thing we would need to know is when the illegal conduct took place on both counts you mention, and to what degrees. If you would like further legal assistance, civil or criminal, contact our Law Office ASAP. Here is a brief summary of the procedural and/or substantive laws on the issues you raise. As a result of the U.S. Supreme Court's Stogner case decision last year, hundreds of child molestation victims are left with no recourse against the predators who abused them. In its June 2003 ruling in Stogner, the Court said California cannot retroactively apply its 1994 landmark law, which allowed child molesters to be criminally prosecuted up to a year after the assault was reported, even if the crime occurred years ago. The law was narrowly drafted, and applied only to crimes that involve substantial sexual conduct, and those in which there is "independent evidence that clearly and convincingly corroborates the victim's allegations. The law also required submission of corroborating evidence that would be admissible during trial, and may not include the opinions of mental health professionals. The U.S. Supreme Court ruled that retroactively applying the law to child molesters as to whom the statute of limitations had expired before the law went into effect in 1994, was unconstitutional. Because the statute of limitations is, generally, six years, child molestation that occurred prior to 1988 could no longer be prosecuted under the California law. As a result, hundreds of molesters, some who had confessed their crimes, were released from prison, and charges against others were dismissed. Stripped of criminal recourse, adults who were molested as children before 1988 also were prohibited from filing civil lawsuits because the statute of limitations for civil actions had expired years ago. Under a 1990 law by then-Senator Lockyer, a civil action for injuries resulting from childhood sexual abuse can be brought until the victim reaches the age of 26 or within three years of the time he or she discovers, or reasonably should have discovered, that adult-onset psychological injuries or illnesses were caused by the childhood sexual abuse, whichever is later. For many victims, those civil statutes of limitations had long passed. However, they could rely on another statute, which allows for civil actions to be brought within one year after a felony conviction has been obtained. With the U.S. Supreme Court's ruling in Stogner, hundreds of victims lost not only their opportunity to see their molesters convicted, but also to file a civil suit based on that conviction. However, there is a pending California bill that would restore some civil remedies if passed.

Re: Fear to testify against child abuser

Since the child is not yet 18, she has plenty of time to file civil suit now and for some time after reaching 18. If she is willing to take action and testify, I can help. Without her cooperation, no criminal or civil charges can be brought.