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Can a person who physically grabs a child and threatens them

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with harm if they tell...
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: 2 years ago.Category: Criminal Law
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Answered in 6 minutes by:
10/2/2015
Criminal Lawyer: Nurse1st,
 replied 2 years ago
Nurse1st
Category: Criminal Law
Satisfied Customers: 406
Verified

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.

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Customer reply replied 2 years ago
I asked if the "person who threatened the child" could be punished"....not if the child should be. The child was innocent.
Criminal Lawyer: Law Educator, Esq., Lawyer replied 2 years ago
Law Educator, Esq.
Category: Criminal Law
Satisfied Customers: 121,086
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Verified

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?

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Customer reply replied 2 years ago
Virginia
Criminal Lawyer: Law Educator, Esq., Lawyer replied 2 years 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?

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Customer reply replied 2 years 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.
Criminal Lawyer: Law Educator, Esq., Lawyer replied 2 years 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.

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Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
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