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Sam
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 22581
Experience:  20 years of experience practicing law.
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I am a 24 year old mother of two who was sexually molested

Customer Question

I am a 24 year old mother of two who was sexually molested by my step father from age nine-ten. It has effected my life negitively in many ways and he has never faced charges for the crimes he commited. My mother became aware of the situation and did not persue him criminally but rather asked me "nine y/o" at a family meeting what i wanted to do. As a child i did not want to break up the family but realize now that i was presured/traded for rent being that he was in the military and the bread winner. It happened one more time shortly after being exposed. I live in Virginia and would like to know my rights or if there is a statute of limitation for prosecuting him.
Submitted: 3 years ago.
Category: Legal
Expert:  Sam replied 3 years ago.

Sam :

Hi

Sam :

I am sorry you had to experience this. Did this happen in Virginia? Was there any police report made?

Customer :

yes I live in Virginia. No report was filed by my mother.

Sam :

Alright. Let me see the VA law on the statute of limitations. I will have the information shortly

Sam :

The Statute of Limitations is 5 years from the date of the last incident.

Customer :

ouch i was under the impression Va had none for this type of offence... was told this ...why i was reaching out to see my options. Your basically saying Im unable to presue this crimnally or civil?

Customer :

are you local in VA?

Sam :

A civil matter would only be an option

Sam :

if there was a police report. Unless you can get the District Attorney to assist in getting him to confess.

Sam :

Perhaps have you wear a wire.

Sam :

Also your Mother if you are interested in suing her for her part in the child neglect or endangerment

Customer :

what would the end result be if i sued him/her? they would have to pay money and not face any criminal charges?

Sam :

Yes. If you can get them to admit it on tape, then you could sue them. If they have assets you could be compensated for the damages which has effected your life due to the abuse

Sam :

So you can read the Criminal Statute of Limitiations - here it is

Sam :

If you have further questions, you may post them here and i will continue to assist. Otherwise, even if you have a subscription with JA please remember to ACCEPT my answer as that is the only way I can get credit for my time and information in this matter. Thank you and Good luck

Customer :

are you from Va? How would I start the process? Reach out to the DA who would provide a wire to attempt to get them to confess or hire a lawyer and attempt to get them to confess/discuss it with me? He's retired military and she is a home owner making 46k a year. I have nothing , no education or even a ged. I'm in the situation of needing to reach out to them for a place to stay but dont want to even think about putting my young kids in danger.

Sam :

Hi

Sam :

I am not from VA. However, JA experts can only give information. We cannot represent JA customers. I suggest you contact the DA in your county and tell them you need a face to face

Sam :

to discuss a sexual assault that happened

Sam :

Then go in and discuss this with the DA. You need him to admit it, before you can do anything

Sam :

Also, with these type of sexual assaults which are referred to as "familial" sex abuse

Sam :

They only stop when they run out of victims. If you put your children near him, the chances that he will do it to them are great

Sam :

If you have further questions, you may post them here and i will continue to assist. Otherwise, even if you have a subscription with JA please remember to ACCEPT my answer as that is the only way I can get credit for my time and information in this matter. Thank you and Good luck

Customer :

could you send the link to the criminal statute again... im trying to access it and cannot.....

Sam :

Here

Sam :

This is what it says

Sam :

§ 19.2-8. Limitation of prosecutions.

A prosecution for a misdemeanor, or any pecuniary fine, forfeiture, penalty or amercement, shall be commenced within one year next after there was cause therefor, except that a prosecution for petit larceny may be commenced within five years, and for an attempt to produce abortion, within two years after commission of the offense.

A prosecution for violation of laws governing the placement of children for adoption without a license pursuant to § 63.2-1701 shall be commenced within one year from the date of the filing of the petition for adoption.

A prosecution for making a false statement or representation of a material fact knowing it to be false or knowingly failing to disclose a material fact, to obtain or increase any benefit or other payment under the Virginia Unemployment Compensation Act (§ 60.2-100 et seq.) shall be commenced within three years next after the commission of the offense.

A prosecution for any violation of § 10.1-1320, 62.1-44.32 (b), 62.1-194.1, or Article 11 (§ 62.1-44.34:14 et seq.) of Chapter 3.1 of Title 62.1 that involves the discharge, dumping or emission of any toxic substance as defined in § 32.1-239 shall be commenced within three years next after the commission of the offense.

Prosecution of Building Code violations under § 36-106 shall commence within one year of discovery of the offense by the owner or by the building official; provided that such discovery occurs within two years of the date of initial occupancy or use after construction of the building or structure, or the issuance of a certificate of use and occupancy for the building or structure, whichever is later. However, prosecutions under § 36-106 relating to the maintenance of existing buildings or structures as contained in the Uniform Statewide Building Code shall commence within one year of the discovery of the offense.

Prosecution of any misdemeanor violation of § 54.1-111 shall commence within one year of the discovery of the offense by the complainant, but in no case later than five years from occurrence of the offense.

Prosecution of nonfelonious offenses which constitute malfeasance in office shall commence within two years next after the commission of the offense.

Prosecution of any violation of § 55-79.87, 55-79.88, 55-79.89, 55-79.90, 55-79.93, 55-79.94, 55-79.95, 55-79.103, or any rule adopted under or order issued pursuant to § 55-79.98, shall commence within three years next after the commission of the offense.

Prosecution of illegal sales or purchases of wild birds, wild animals and freshwater fish under § 29.1-553 shall commence within three years after commission of the offense.

Prosecution of violations under Title 58.1 for offenses involving false or fraudulent statements, documents or returns, or for the offense of willfully attempting in any manner to evade or defeat any tax or the payment thereof, or for the offense of willfully failing to pay any tax, or willfully failing to make any return at the time or times required by law or regulations shall commence within three years next after the commission of the offense, unless a longer period is otherwise prescribed.

Prosecution of violations of subsection A or B of § 3.2-6570 shall commence within five years of the commission of the offense, except violations regarding agricultural animals shall commence within one year of the commission of the offense.

A prosecution for a violation of § 18.2-386.1 shall be commenced within five years of the commission of the offense.

A prosecution for any violation of the Campaign Finance Disclosure Act, Chapter 9.3 (§ 24.2-945 et seq.) of Title 24.2, shall commence within one year of the discovery of the offense but in no case more than three years after the date of the commission of the offense.

A prosecution of a crime that is punishable as a misdemeanor pursuant to the Virginia Computer Crimes Act (§ 18.2-152.1 et seq.) or pursuant to § 18.2-186.3 for identity theft shall be commenced before the earlier of (i) five years after the commission of the last act in the course of conduct constituting a violation of the article or (ii) one year after the existence of the illegal act and the identity of the offender are discovered by the Commonwealth, by the owner, or by anyone else who is damaged by such violation.

Nothing in this section shall be construed to apply to any person fleeing from justice or concealing himself within or without the Commonwealth to avoid arrest or be construed to limit the time within which any prosecution may be commenced for desertion of a spouse or child or for neglect or refusal or failure to provide for the support and maintenance of a spouse or child.

(

Sam :

If you have further questions, you may post them here and i will continue to assist. Otherwise, even if you have a subscription with JA please remember to ACCEPT my answer as that is the only way I can get credit for my time and information in this matter. Thank you and Good luck

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