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P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 25468
Experience:  16 yrs. of experience including criminal law.
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We belonged to a church in Georgia about 13 yrs ago.

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We belonged to a church in Georgia about 13 yrs ago. The pastors son who is 4-5 yrs older than my daughter engaged in sexual activities she was 13 yrs old at the time. The pastor under durse stepped down. We didn''t pursue things legally at the time because we did not think our daugther could have handled such scandle. The pastor was a very prominate man in the christain the christain community at the time. This has haunted our family for yrs. ( Our daughter - my husband - and myself) is there anything we can do at this point and hopefully find some closure within ourselves - for the violation we have all suffered - physically - mentally & spiritually.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  P. Simmons replied 5 years ago.
Well, legally you will have to look at the statute of limitations

9-3-33.1.

(a) As used in this Code section, the term 'childhood sexual abuse' means any act committed by the defendant against the plaintiff which act occurred when the plaintiff was under the age of 18 years and which act would have been proscribed by Code Section 16-6-1, relating to rape; Code Section 16-6-2, relating to sodomy and aggravated sodomy; Code Section 16-6-3, relating to statutory rape; Code Section 16-6-4, relating to child molestation and aggravated child molestation; Code Section 16-6-5, relating to enticing a child for indecent purposes; Code Section 16-6-12, relating to pandering; Code Section 16-6-14, relating to pandering by compulsion; Code Section 16-6-15, relating to solicitation of sodomy; Code Section 16-6-22, relating to incest; Code Section 16-6-22.1, relating to sexual battery; or Code Section 16-6-22.2, relating to aggravated sexual battery, or any prior laws of this state of similar effect which were in effect at the time the act was committed.
(b) Any civil action for recovery of damages suffered as a result of childhood sexual abuse shall be commenced within five years of the date the plaintiff attains the age of majority.

SO, it looks like for civil damages in Georgia you are past the statute of limitations

I still recommend you contact a local attorney to see if there is some other recourse for a civil action

Please let me know if you have questions else please hit the green button, its the only way i get paid
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 25468
Experience: 16 yrs. of experience including criminal law.
P. Simmons and 8 other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.
I have found this online - does this mean - Either us or my daughter could still press criminal charges? Her life has been greatly effected - This person & his family has gone on like it was all no big deal. It was criminal 13 - 17 or 18 is a bit much - He was a young man who used his status "as who he was" to manipulate a 13 yr old little girl.


01 LC 9 0646


Senate Bill 106
By: Senators Price of the 56th and Haines of the 46th


AS PASSED SENATE


A BILL TO BE ENTITLED
AN ACT



To amend Code Section 17-3-2.1 of the Official Code of Georgia Annotated, relating to the statute of limitations on prosecution of certain offenses involving a victim under 16 years of age, so as to extend the time from which the applicable period within which a prosecution must be commenced begins to run; to repeal conflicting laws; and for other purposes.


BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:



SECTION 1.

Code Section 17-3-2.1 of the Official Code of Georgia Annotated, relating to the statute of limitations on prosecution of certain offenses involving a victim under 16 years of age, is amended by striking subsection (a) of said Code section and inserting in its place the following:
"(a) If the victim of a violation of:
(1) Code Section 16-5-70, relating to cruelty to children;
(2) Code Section 16-6-1, relating to rape;
(3) Code Section 16-6-2, relating to sodomy and aggravated sodomy;
(4) Code Section 16-6-3, relating to statutory rape;
(5) Code Section 16-6-4, relating to child molestation and aggravated child molestation;
(6) Code Section 16-6-5, relating to enticing a child for indecent purposes; or
(7) Code Section 16-6-22, relating to incest,
is under 16 years of age on the date of the violation, the applicable period within which a prosecution must be commenced under Code Section 17-3-1 or other applicable statute shall not begin to run until the victim has reached the age of 16 30 or the violation is reported to a law enforcement agency, prosecuting attorney, or other governmental agency, whichever occurs earlier. Such law enforcement agency or other governmental agency shall promptly report such allegation to the appropriate prosecuting attorney."


SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.
Expert:  P. Simmons replied 5 years ago.
Sorry, I did not address criminal complaint

What you posted was proposed legislation...it is not yet law. If passed it will change below

In GA, the current law for prosecution is:

§ 17-3-1. Limitation on prosecutions -- Generally


(a) A prosecution for murder may be commenced at any time.

(b) Prosecution for other crimes punishable by death or life imprisonment must be commenced within seven years after the commission of the crime except as provided by subsection (c.1) of this Code section; provided, however, that prosecution for the crime of forcible rape must be commenced within 15 years after the commission of the crime.

(c) Prosecution for felonies other than those specified in subsections (a), (b), and (c.1) of this Code section must be commenced within four years after the commission of the crime, provided that prosecution for felonies committed against victims who are at the time of the commission of the offense under the age of 18 years must be commenced within seven years after the commission of the crime.

(c.1) A prosecution for the following offenses may be commenced at any time when deoxyribonucleic acid (DNA) evidence is used to establish the identity of the accused:

(1) Armed robbery, as defined in Code Section 16-8-41;

(2) Kidnapping, as defined in Code Section 16-5-40;

(3) Rape, as defined in Code Section 16-6-1;

(4) Aggravated child molestation, as defined in Code Section 16-6-4;

(5) Aggravated sodomy, as defined in Code Section 16-6-2; or

(6) Aggravated sexual battery, as defined in Code Section 16-6-22.2;

provided, however, that a sufficient portion of the physical evidence tested for DNA is preserved and available for testing by the accused and provided, further, that, if the DNA evidence does not establish the identity of the accused, the limitation on prosecution shall be as provided in subsections (b) and (c) of this Code section.

(d) Prosecution for misdemeanors must be commenced within two years after the commission of the crime.

§ 17-3-2. Limitation on prosecutions -- Periods excluded


The period within which a prosecution must be commenced under Code Section 17-3-1 or other applicable statute does not include any period in which:

(1) The accused is not usually and publicly a resident within this state;

(2) The person committing the crime is unknown or the crime is unknown;

(3) The accused is a government officer or employee and the crime charged is theft by conversion of public property while such an officer or employee; or

(4) The accused is a guardian or trustee and the crime charged is theft by conversion of property of the ward or beneficiary.

Here is the statute on point:
§ 16-6-4. Child molestation; aggravated child molestation


(a) A person commits the offense of child molestation when he or she does any immoral or indecent act to or in the presence of or with any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person.

(b) (1) Except as provided in paragraph (2) of this subsection, a person convicted of a first offense of child molestation shall be punished by imprisonment for not less than five nor more than 20 years and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.2 and 17-10-7. Upon a defendant being incarcerated on a conviction for a first offense, the Department of Corrections shall provide counseling to such defendant. Except as provided in paragraph (2) of this subsection, upon a second or subsequent conviction of an offense of child molestation, the defendant shall be punished by imprisonment for not less than ten years nor more than 30 years or by imprisonment for life and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.2 and 17-10-7; provided, however, that prior to trial, a defendant shall be given notice, in writing, that the state intends to seek a punishment of life imprisonment.

(2) If the victim is at least 14 but less than 16 years of age and the person convicted of child molestation is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.

(c) A person commits the offense of aggravated child molestation when such person commits an offense of child molestation which act physically injures the child or involves an act of sodomy.

(d) (1) Except as provided in paragraph (2) of this subsection, a person convicted of the offense of aggravated child molestation shall be punished by imprisonment for life or by a split sentence that is a term of imprisonment for not less than 25 years and not exceeding life imprisonment, followed by probation for life, and shall be subject to the sentencing and punishment provisions of Code Sections 17-10-6.1 and 17-10-7.

(2) A person convicted of the offense of aggravated child molestation when:

(A) The victim is at least 13 but less than 16 years of age;

(B) The person convicted of aggravated child molestation is 18 years of age or younger and is no more than four years older than the victim; and

(C) The basis of the charge of aggravated child molestation involves an act of sodomy

shall be guilty of a misdemeanor and shall not be subject to the sentencing and punishment provisions of Code Section 17-10-6.1.

SO, ages are important...if the son was less than 18 at the time it is likely a misdemeanor and the statute will have run

SO, if the coduct was that of forceable rape, the statue is 15 years. Short of that, it has run

Sorry to bring the bad news.

Please let me know if you have questions else please hit the green button, its the only way i get paid

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