Legal Question in Criminal Law in California

A friend of mine told me that her niece (that is now 26 yrs old) has just recently confessed that she was sexually abused by someone in her family, 16 years ago (in 1998), when that niece was about 10 yrs old and that no one in her family reported it to the Police, because of conflicts of interests. ,,, I want to know if criminal charges can still be filed against the abuser for Sexual Abuse, and criminal charges against the family for refusing to report it to police.,,,Is the statute of limitations expired for this type of crimes? ,,,because I want to report them to Police, and want to know if a D.A. could still file charges, since this happened 16 years ago, when her niece was a child.


Asked on 9/22/14, 8:25 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

I think this niece already posted a question on this, or someone with eerily similar facts. Here is the general answer:

Bottom line, anyone can report the crime to police with nothing to lose. Police, and then prosecutors, will decide and determine if they are willing to accept the filing and push prosecution if the SOL has not expired, and there is evidence sufficient to make it reasonable to do so.

In civil cases, a minor has until, at most, their 26th birthday to file a lawsuit against the perpetrator of sexual abuse, but the minor faces the test of whether it is practical to do so. If the case has MERIT [reasonable likelihood of winning], VALUE [substantial recoverable financial damages], and COLLECTABILITY [defendant with assets or insurance coverage], all of which are necessary for a successful claim and case, then feel free to contact me; I'll be happy to help. .

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Answered on 9/22/14, 12:23 pm


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