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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 111637
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Can a person who physically grabs a child and threatens them

Customer Question

Can a person who physically grabs a child and threatens them with harm if they tell their mother be punished if the child was too scared to tell until 6 years later?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Nurse1st replied 1 year ago.

Hello, I am Carole. To answer your question, I, personally would not recommend punishment of a child after 6 years has past. If any punishment is given, it should be given (in my personal opinion) immediately.

Customer: replied 1 year ago.
I asked if the "person who threatened the child" could be punished"....not if the child should be. The child was innocent.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

There was no sexual abuse, just grabbing the child and then threatening the child not to tell?

What state so I can look at the statute of limitations?

Customer: replied 1 year ago.
Virginia
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply, can you answer my other question as well, about whether or not this was sexual or just grabbing the child?

Customer: replied 1 year ago.
I'm sorry!!! The child was awoke from her sleep in a top bunk with a sweet voice to get her to respond, asked to move closer to the edge, she was grabbed by both ears and then berated and told "don't tell your mom or I'll hurt you". No sexual abuse.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

So it was a simple battery, which is a misdemeanor in VA, which means it is a misdemeanor in VA for criminal charges and that has a 1 year statute of limitations from the date of the offense. The age of the victim is not a factor in this statute of limitations I am afraid. Thus, it would be too late to bring a criminal charge for battery. Battery has a 2 year statute of limitations from date of the act to sue for physical injury as well in VA.

So, I am afraid that 6 years later would be too late to take any criminal or civil action against him under the VA laws.