Legal Question in Criminal Law in California

A minor was sexually assaulted by the father at the age of 5. The minor is now 15 and living in California. The father is living in Louisiana. What is the likelihood of the father actually being incriminated?


Asked on 6/04/15, 12:17 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

The answer depends on where the assault took place, since it would be subject to the laws of that state and prosecuted in that state's courts. Your question suggests that it didn't happen in California, yet you posted it under California law. Please re-post it under the state where the assault occurred. That way lawyers with the relevant expertise are more likely to see it, and future users with related questions about that state's laws will be more likely to find it.

Let me add that the minor may also have grounds for a civil lawsuit, and that her claims have time limits. Those limits may have passed already, but if they haven't then her parents or guardians need to know when they will. The civil claim would most likely be governed by the laws of the state where the minor was assaulted, but could potentially be enforced either in the state where she was assaulted or the state where the father lives now, and in either state or federal court. (It may seem odd that the courts of one state would apply the laws of another, but that happens fairly often.)

The minor's parents or guardians should consult ASAP with lawyers in the state where she was assaulted.

Good luck.

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Answered on 6/04/15, 12:53 pm


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