Criminal Law Questions? Ask a Criminal Lawyer.
HelloThis is Samuel and I will discuss this and provide you information in this regard.Give me a few minutes to look at few CA laws in this regard and I will post here in a few.Thanks for your patience.
Thank you for your patience.I suggest this could fall under the CA Penal Code section 288 as lewd behavior with a minor.It states in part the following:288. (a) Except as provided in subdivision (i), any person who willfully and lewdly commits any lewd or lascivious act, including any of the acts constituting other crimes provided for in Part 1, upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, is guilty of a felony and shall be punished by imprisonment in the state prison for three, six, or eight years.The statute of limitations when a victim was under 18 at the time of commission of the offense, prosecution may bring a case against a perpetrator any time before victim’s 40th birthday. That means that charges could be brought against your son up and until the "victim" is age 40.
I suggest if he talks to a therapist, under CA law they are mandated reporters. So if he relates this to a therapist, they are under a legal obligation to report it to the police. Unfortunately, I cannot tell you or your son what to do.
I suggest he may want to try confession to a priest and that could help ease his heart.
Yes. Under the CA Penal Code 11165.7 lists the mandated reporters and shows:(21) A physician and surgeon, psychiatrist, psychologist, dentist, resident, intern, podiatrist, chiropractor, licensed nurse, dental hygienist, optometrist, marriage and family therapist, clinical social worker, professional clinical counselor, or any other person who is currently licensed under Division 2 (commencing with Section 500) of the Business and Professions Code.
That is why since it is an isolated incident when he was a child, that he could tell a member of the clergy and they are not obligated to report it. That could help him to heal and move on.
You are welcome. Good luck to you and your son with this matter.
Thank you in advance for a positive rating on my time, research and legal information I provided.
How old was your son?
Unfortunately, yes. He can still be prosecuted as he was at an age where he should have known right from wrong. I suggest because of his own personal abuse, there could be some defense wherein a plea deal could be negotiated if he is charged.
But it also would depend on the victim. It is very possible the victim has no recall of any of this. And so without the recall of the victim, the state may not be able to put a case against your son together to get a conviction based on beyond a reasonable doubt.
That's good. As I said, if he has no recall, I suggest your son talk to a clergy to help ease his guilt.
You're welcome. Good luck to all.
Thanking you in advance for a positive rating as this is how I get credit for my time and information.