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Attorney 1
Attorney 1, Lawyer
Category: Criminal Law
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my daughter is now 20 & just recently told me of an event involvin

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my daughter is now 20 & just recently told me of an event involving her step dad (at that time) where when she was little he was giving her a bath & got into the tub with her and when the bath was over her had her rub lotion on his penis. she states he never touched her & it was a one time thing but he threatened to hurt her, her brother & me if she ever told. for a long time she was afraid to tell & then as she got older she felt that it had been so long ago no one would believe her or even care that it happened since she had waited so long. we were (i still do) living in california at the time. is there a statute of limitations on filing against such an act & if not would such an isolated incident even be investigated. he has a son thru his 1st marriage & married a woman w/3 kids after me. i dont know if he ever did anything before or since to other children but feel my daughter should step forward & say something if only to start her own healing process. any suggestions on this matter?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Attorney 1 replied 2 years ago.

Attorney 1 :

Hello, and welcome to JustAnswer! I am preparing your response. Please remain online for a few moments, so you can get your answer right away.

Attorney 1 :

alifornia does technically have statutes of limitations (SOL) on some of its sexual abuse crimes that require lawsuits to be brought within a certain time period. However, there are huge loopholes that usually allow most anyone to bring up a sexual abuse lawsuit even after the statute of limitations has expired.

But It is important to remember that the statute of limitations that applies is the one that was in place at the time of the crime itself. So while the statute of limitations may have been lengthened in the time since, if the limitation ran out, it can NOT be reactivated.

Attorney 1 :

Criminal Prosecutions for Sexual Abuse


For criminal cases, a prosecutor may file a charge of aggravated rape at any time, with no limitation (in California, an aggravated rape is rape that involves a weapon, more than one person, or seriously injures the victim). Prosecution for "normal" sexual assault has a statute of limitations of six years. However, there is an exception made for DNA analysis. Since it is a relatively new technology, if a DNA test can conclusively prove the identity of a rapist, prosecution can take place within one year of the discovery.

In regards XXXXX XXXXX molestation, there has been a series of great upheavals regarding the statute of limitations in California. In the early 1990s, the legislature passed a bill that retroactively waived the statute of limitations for all crimes of child molestation, meaning even people who were previously immune to prosecution could suddenly be arrested. This law was overturned as unconstitutional by the Supreme Court in a recent case, so now the law's retroactive provision is eliminated.

What remains is a 10 year statute of limitations for child molestation. HOWEVER, the crime can also be prosecuted within one year of WHENEVER a victim tells the police (even past the 10 year mark). This sounds rather contradictory, because this means that the 10 year limitation is essentially pointless, but it is the current law of the land. The California legislature is constantly debating about this, so the law may change in the near future. You should talk to a California attorney familiar with these cases for the most up to date information.

Attorney 1 :

If your daughter decides to pursue this matter, she can contact her county's Bar Association for referral to local counsel who can pursue the civil matter. The consultation will be free, and if the attorney takes the case, there will be no out of pocket costs to her.

Attorney 1 :

If she wished to pursue criminal charges, a resport can be made to the local police department.

Attorney 1 :

If you need more information, just let me know.


Best of luck!
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Customer:

so the fact he didnt touch her but made her touch him - would that still apply?

Attorney 1, Lawyer
Category: Criminal Law
Satisfied Customers: 1778
Experience: Knowledgeable and Experienced Attorney
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Expert:  Attorney 1 replied 2 years ago.
Yes.

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