Criminal Law Questions? Ask a Criminal Lawyer.
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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.
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.
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.
If she wished to pursue criminal charges, a resport can be made to the local police department.
If you need more information, just let me know.
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so the fact he didnt touch her but made her touch him - would that still apply?