Legal Question in Criminal Law in California
My sister was raped by our dad who is our is our grandpa and she was 5 to 13yrs old when the action was taking place and we want justice without our mom or public knowing and our mom(grandma) and dad dont live together anymore they are currently seperated....what can we do....please answer my question asap.
2 Answers from Attorneys
A sexual molestation claim and lawsuit must be filed no later than the victim's 26th birthday. If there is still time, feel free to have her contact me to discuss the proof, merits and value of such case.
She can also try to file criminal charges with the local police.
I agree with Mr. Nelson, but I note that his answer only applies to incidents which occurred while the victim was a minor. That is true in your case, but his answer might confuse others who read it in the future.
You also asked whether the case could be prosecuted secretly. The answer is no. It might be possible to keep your sister's full name out of the court records, but the defendant's name would have to be included. Such records would be available to the public. And your mother would almost certainly be contacted as part of any investigation. She might even be called to testify at some point.
Since you haven't said how old your sister is now, it's not clear how long ago these events happened. Even if she is not yet 26, the passage of time might dissuade the prosecutor from pursuing the case. But if he does pursue it, he will not be able to do so in secret.
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