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).
3 Answers from Attorneys
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.
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
Re: statute of limitations for filing charges
Possibly. Not an easy question.
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