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CALawyer
CALawyer, Lawyer
Category: Criminal Law
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Experience:  Attorney at Law
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is there a limitation in the time a sexual assualt can be ...

Customer Question

is there a limitation in the time a sexual assualt can be reported?? can you tell a therapist if you commited the act and have it not reported? the person who is at fault is going to alcohol rehab and does not remember doing the assualt. can his wife ( not the victim) talk to a therapist stating that her husband did this and not have reprecussions. the victim has not reported the incident
Submitted: 6 years ago.
Category: Criminal Law
Expert:  CALawyer replied 6 years ago.


How long ago did the assault occur?
Customer: replied 6 years ago.
calif. 1 week ago. the victim has not /does not want to report. but...... can an offer be made to them in kindness???
Expert:  CALawyer replied 6 years ago.
Was the person who was assaulted a minor?
Customer: replied 6 years ago.
Reply to CALawyer's Post: no
Expert:  CALawyer replied 6 years ago.
Psychotherapists in California can't give out any confidential client information without a release. This includes information concerning criminal activity unless it is a child abuse/elder abuse report, or the person poses a threat to someone, or the information indicates that the person in therapy may suffer from a threat.

One problem I see right away, however, is whether a privilege could be asserted if you were talking about someone who wasn't seeing the psychotherapist with you. This can create a confidentiality issue which isn't clear right away. This is something you would want to discuss with the therapist before going into any details.


Making a good faith offer to the abused party probably couldn't be used to prove that a crime was committed, but it could conceivably trigger someone else (although I don't know who) to look into the situation.

If this information was helpful, please click ACCEPT to give me credit for answering.
CALawyer, Lawyer
Category: Criminal Law
Satisfied Customers: 1655
Experience: Attorney at Law
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Customer: replied 6 years ago.
what about the statute of limitations on how long this person has to file
Customer: replied 6 years ago.
what about the statute of limitations?
Expert:  CALawyer replied 6 years ago.
The statute of limitations for a criminal case is either 3 years or 6 years, depending on the exact nature of the offense.

The statute of limitations for a civil suit would probably be 2 years. (Assault/Battery statute).

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