Legal Question in Criminal Law in California

Kidnapping/Child molestation

I was the victim in a child kidnapping/sexual assault case 17 years ago in Southern California that was never brought to trial because of a DA's choice not to file. My case is part of the perpetrator's psychological record, but not his criminal record. In the police report of the incident, it is reported that he kidnapped with the intent to kill, but changed his mind. The perpetrator is a serial child molester but I was the first (and to my knowledge) only child he kidnapped. I need to know if there is a statue of limitations on such cases, if I might still be able to bring this case to trial now, or any pertinent information to statues of limitation and kidnapping/child molestation cases. Also, if there is any lawyer that has experience in such cases I would greatly appreciate your input.


Asked on 4/20/07, 8:27 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Kidnapping/Child molestation

I'm sorry to hear about your ordeal. Knowing this man has not been punished must be a terrible burden.

Having said that, there is nothing you can do to bring the case to trial - for the simple reason that criminal cases are brought to trial by the government and not by the victim. Accordingly, there are no attorneys with experience in doing so.

Prosecutors choose not to file for a variety of reasons. You haven't said what the reasons might have been here, but it doesn't really matter for purposes of this response. The limitation periods have long since passed and it is now too late to prosecute this man.

I'm sorry I don't have better news for you.

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Answered on 4/20/07, 8:42 pm
Terry A. Nelson Nelson & Lawless

Re: Kidnapping/Child molestation

Of course there are statutes, but, sorry, the criminal and civil statutes of limitations have long passed. You need to focus on your future and deal properly with any psychological problems this may have caused.

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Answered on 4/20/07, 9:48 pm


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