Legal Question in Criminal Law in California

statute of limitations for filing charges

I want to know if someone can be charged with child molesting after 29 years. It has caused an enormous amount of stress on my friend and me.(unfortunatly, I look like her abuser).


Asked on 3/17/05, 7:59 am

3 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: statute of limitations for filing charges

The following is the code section covering it:

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,

It would be hard to explain waiting 29 years and still be within 3 years of 'discovering' or remembering the abuse.

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Answered on 3/18/05, 2:26 pm
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: statute of limitations for filing charges

I don't believe there is a statute of limitations on allegations of child abuse. You've heard about the Catholic Church cases, and the case against Michael is fairly old. I believe there is a statute of limitations for bringing charges once the allegations are made. After 29 years, if the accuser is competent and remembers clearly any abuse, charges may be filed. Please call me if you would like to discuss this further. (310) 806-9237. Good luck. ---Phil

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Answered on 3/17/05, 10:40 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: statute of limitations for filing charges

Possibly. Not an easy question.

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Answered on 3/17/05, 11:59 am


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