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In 1990 the California Legislature amended Code of Civil Procedure Section 340.1, the statute of limitations governing civil suits for damages brought by victims of childhood sexual abuse. The effect of the amendment was to extend the time limit for commencing suit to eight years after the eighteenth birthday of the Plaintiff, or three years after discovery of the causal connection between the abuse and the resulting injury. (Section 340.1[a]) Moreover, the statute now codifies the delayed discovery rule which tolls the accrual of the action until after the Plaintiff discovers the nexus between her injuries and the sexual abuse.
This civil section explains that if someone just recalled being molested, they may have three years after discovering the abuse to bring a civil suit.
However, the court has declared it unconstitutional for criminal charges to be brought so late after the incident.
So, the daughter may be able to bring a lawsuit, if she can argue that she only recently realized what happened. However, if the plaintiff does not make this argument, there is the possibility that the judge will throw the case out of court due to the statute of limitations. This many years after the fact, the father will not face jail time or any criminal penalty.
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Well if she has always known it, then the statute has run. She has no legal recourse civilly or criminally. If she brings any sort of lawsuit, it will be barred by the statute of limitations and she will be estopped in equity from asserting her rights because she has slept on them.
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