Legal Question in Criminal Law in California

I was sexually molested by a 20 year old man when I was 15 years old in 1975. I became pregnant and my parents made me marry this man. I divorced him 2 years later. I am now 50 years old and have had problems with depression amd suicidal thoughts as well as many unstable relationships. I recently learned that such problems are highly related to the molestation. Do I have any right to persue a case against this person for therapy costs and possible criminal charges?


Asked on 9/15/09, 8:44 pm

1 Answer from Attorneys

Robert Marshall Law Office of Robert L, Marshall

The statute of limitations generally requires child molestation charges to be filed before the victim's twenty-eighth birthday. There is an exception if charges are brought within one year of the time they are first reported to police, and there is clear and convincing independent evidence of the allegations.

If you had a child with this person, DNA tests would be able to show he was the father, and the timing would prove that the child was conceived when you were 15. You could contact the law enforcement agency where the acts occurred and file a report.

You posted in the criminal law section and I'm not sure about the statute of limitations for a possible civil suit.

However, even if your could sue this person, keep in mind that suing him would be a long, expensive process that would open up your entire personal life. You would have to be able to prove that his actions were the sole cause of your problems over the last 35 years, and his attorney would be able to cross examine you about every aspect of your life. In the end, it would most likely cost far more than the therapy you are seeking.

More than two hundred years ago, the philosopher Voltaire said "I was only ruined but twice; once when I lost a lawsuit, and once when I won one."

His point -- that suing someone is just as stressful, expensive and time-consuming as getting sued yourself -- is even more true today than it was then.

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Answered on 9/16/09, 2:11 am


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