Legal Question in Criminal Law in California

if i was sexually abused as a child how many years do i have to press charges?


Asked on 8/22/09, 1:21 pm

3 Answers from Attorneys

Robert Marshall Law Office of Robert L, Marshall

Individuals do not "press charges." Only the District Attorney can file a criminal complaint.

You can make a police report, which will be forwarded to the DA, who will decide whether to file charges.

If you were under 18 at the time of the offense, charges can generally be filed at any time before you turn 28, depending on the nature of the abuse. If you are over 28, charges may be filed within one year of the time it is first reported to the police, but there must be independent evidence to corroborate your allegation.

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Answered on 8/22/09, 2:04 pm
Brian Dinday Law Offices of Brian R. Dinday

Mr. Marshall answered your question as to when criminal charges by the prosecutor can be filed. But sometimes non-lawyers use the term "press charges" to mean suing someone for money damages. Both of course, are possible.

In the event that you were talking about suing the responsible parties, please read the following. The limitations period for a lawsuit for money damages for childhood sexual abuse is governed by California Civil Procedure Code Section 3401.The liability of the abuser himself is either eight years after reaching the age of majority (26, not 28), or three years after discovering mental or physical injury that occurs after reaching adulthood. (Sometimes psychological injury is not recognized or treated until a person's 30's, 40's or later). Potentially, this means unlimited limitations against the abuser himself.

The liability against other parties who negligently allowed such sexual abuse is also eight years after reaching the age of 18, but it cannot be extended beyond the day before the victim's 26th birthday.

If you are considering a lawsuit for damages, you can contact me for a free consultation. Here is my website with my contact data:

http://negligentdeath.com/contact.htm

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Answered on 8/22/09, 2:56 pm
Terry A. Nelson Nelson & Lawless

The civil law reads:

In an action for recovery of damages suffered as a result of childhood sexual abuse, the time for commencement of the action shall be within eight years of the date the plaintiff attains the age of majority or within three years of the date the plaintiff discovers or reasonably should have discovered that psychological injury or illness occurring after the age of majority was caused by the sexual abuse, whichever period expires later...

Keep in mind that a case needs to have merit [likely to win], and value [provable and recoverable damages], and collectability [defendant with assets]. Without all three, you'd just be spending money on principle. If you think you fall within those guidelines, and you're serious about pursuing this, feel free to contact me.

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Answered on 8/24/09, 6:35 pm


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