Legal Question in Criminal Law in California

sexual molestation

I believe I was molested by my sister. I don't believe that it was innocent childs play. I believe she was getting some sort of gratification and she knew it was wrong because she would lie to our parents about what she was doing on top of me. This occurred when we were very young I was 9 -10 and she was 12-13. We are now in our very late 20's. I started to have dreams about it when I was pregnant. Since then the more I think about it the more details come back and now I worry because she has children now as well. I want to know if it is considered molestation - were were fully clothed, but she would hold me down against my will and ''hump'' me until she got the gratification she was looking for and then would stop and act like nothing happend. Then she would threaten to kill me in my sleep if I ever told anyone. Also, is there a statue of limitation?


Asked on 10/02/08, 2:39 am

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: sexual molestation

Of course there are time limits; a minor has only 8 years after turning 18 to file a civil suit. Even if you're timely, suing another minor family member is not likely to do anything but create family problems, since there is serious question you could win such case, or receive any award of damages.

Filing criminal charges is up to you, if the DA will accept them as timely and having merit.

Read more
Answered on 10/06/08, 4:50 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: sexual molestation

I think the first issue you need to ask yourself is whether you would want to press any charges, Criminal prosecution within the same family is bound to take an extraordinary emotional and financial toll on the entire family and even threaten to rip it completely apart. If this was just a thing of distant youthful past involving two very young minors who did not really know what they were doing, then perhaps you should consider forgiveness which does not preclude the possibility of a different approach, such as confronting her in a purely personal context. Perhaps a wider family involvement or intervention would be a good option too, although I would be careful with something like that.

Once the criminal system gets involved it is bound to be hell, for you too. Think about getting the emotional validation and closure that you seek in some other way.

Big question for me would to determine whether your sister still commits these acts. Personally, I would consider charges only if she still continues to engage in them harming others.

Hope this helps,

Jacek W. Lentz, Esq.

310.273,1361

www.lentzlawfirm.com

Read more
Answered on 10/02/08, 3:06 am


Related Questions & Answers

More Criminal Law questions and answers in California