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In California can a person who is 34 today be arrested or…

In California can a person...
In California can a person who is 34 today be arrested or convicted, whatever the term is for inappropriately touching his sister 19 years ago. Both have described the (molestation ?) in similar terms, it was a 1 time incident but the sister is now having a rough emotional time. She wants aid but is concerned about the fallout toward her brother for being stupid when he was 15
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Answered in 1 minute by:
8/20/2017
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 29,177
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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How old is the sister today? Was the crime reported to the police back then?

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Customer reply replied 6 months ago
28 No it was not
Customer reply replied 6 months ago
No.
Customer reply replied 6 months ago
Zoey am I to get an answer or am I missing something to press

You're going to get an answer but please be patient, as it involves reasearch and then I have to compose/type it.

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Customer reply replied 6 months ago
Ok

Under today's statute of limitations, she would be able to file charges for molestation for 10 years past her 18th birthday. Therefore, it wouldn't be too old to be prosecuted so long as it got filed before she turned 29. More simply put, today's law supports a prosecution.

That said, in general statutes of limitations have been repeatedly lengthened as we've gotten more knowledgeable about sex offenses. The applicable statute of limitations that applies is not the one in effect today, but the one that was in effect when the crime was committed 19 years ago. I am unable to find the old statutes on the web. But I do see mention of ten years on old California cases.

So it looks like this case could still be prosecuted.

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 29,177
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Customer reply replied 6 months ago
Thank you

A case this old is a very weak case, of course. So there's no saying whether a prosecutor would want to pursue it. But technically speaking, it looks like they'd be able to try if they wanted to.

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Category: Criminal Law
Satisfied Customers: 29,177
29,177 Satisfied Customers
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

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