Legal Question in Criminal Law in New Jersey

child molestation

Is there a statute of limitations on child molestation between a father and daughter. The event took place around 1990.


Asked on 3/25/06, 6:01 pm

3 Answers from Attorneys

Valerie Masters Valerie Masters, P.A.

Re: child molestation

Statute of limitations is not something you can figure out without a lawyer. Its not s simple as counting years. I would consult a lawyer in your area.

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Answered on 3/26/06, 2:25 pm
Gary Moore Gary Moore Attorney At Law

Re: child molestation

I believe that the statute of limitattions begins to run when the child is eighteen years of age and is for five years. I believe there may be an exception to this rule for a repressed memory.

If you want to file such a charge you call call the county prosecutor in the county where the abuse took place and ask for the sex crimes unit.

This is the best way of answering your question.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 3/26/06, 5:39 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: child molestation

I can't answer this question without knowing more information. The law changed several times around that time and it eventually eliminated the SoL for sexual assault. Thus, the SoL can keep getting extended unless it didn't run yet. I actually have a client that made it by one year. In that case, the SoL had run and then a year later, the SOL had been essentially eliminated. If this legislations would have gone into effect a year before, he could still be prosecuted. However, in your case, even if the SoL has not run there are obvious proof problems with a 16 year old case. I suggest you retain a lawyer to examine all of your options and protect your rights.

Jef Henninger

732/247/3340

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Answered on 3/25/06, 10:59 pm


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