Legal Question in Criminal Law in New York

Statute of limitation on molestation charge

My husband is being accused of ''touching'' his niece when she was 7. The girl is now over 21. Does she have legal grounds to persue the issue now? I was under the impression that there was a statute of limitation for sex crimes against a child.


Asked on 9/09/03, 4:16 pm

1 Answer from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: Statute of limitation on molestation charge

I am sorry for this trouble. Please consider, you know your husband better than any other person. Sometimes they are true, sometimes they are not true. Sometimes the victim accuses a person other than the monster. The victim, still terrified of the monster, accuses a "safe" person.

If you believe your husband is a good man who would never do something like this, you may be right. As an outsider and merely a lawyer, I will never know nor will most other people.

I have trouble even imagining what this feels like for you. Do you have someone you can talk with who is not involved?

The statute of limitations in a case like this will begin when the victim is 21 or when the victim becomes aware that a crime has been committed. The law is very fuzzy on this, but the DA knows this and will consider it before indicting your husband. In fact, in the absence of physical evidence and the presence of a good 'expert witness', the DA knows this will be a very tough case to win.

If it has not already happened, it is likely there will never be an indictment. But"luck is the residue of preparation". Be prepared. Start shopping for a lawyer.

You are welcome to a consultation for no fee at my offices at 42 West 44th Street, NY,NY. Please call for an appointment first. (646)591-5786 or (718) 729-2029

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Answered on 9/10/03, 12:03 pm


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