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WCLawyer
WCLawyer, Attorney
Category: South Africa Law
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Experience:  L.LB (UOVS)
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is there a statute of limitation on a child molestation (touching)

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is there a statute of limitation on a child molestation (touching) of a 8 year old biological daughter in the year 1981?
Good day.

The Criminal Procedure Act, in Section 18, reads as follows:

18. Prescription of right to institute prosecution.—The right to institute a prosecution for any offence, other than the offences of—
(a)murder;
(b)treason committed when the Republic is in a state of war;
(c)robbery, if aggravating circumstances were present;
(d)kidnapping;
(e)child-stealing;
( f )rape or compelled rape as contemplated in sections 3 or 4 of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively;
(g)the crime of genocide, crimes against humanity and war crimes, as contemplated in section 4 of the Implementation of the Rome Statute of the International Criminal Court Act, 2002, or
(h)trafficking in persons for sexual purposes by a person as contemplated in section 71 (1) or (2) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007; or
(i)using a child or person who is mentally disabled for pornographic purposes as contemplated in sections 20 (1) and 26 (1) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007,
shall, unless some other period is expressly provided for by law, lapse after the expiration of a period of 20 years from the time when the offence was committed.

The offence you describe does not seem to fall under any of the above named offences and the State would, therefore, not be able to institute proceedings 20 years after the last incident against the perpetrator.

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