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Old 09-19-2008, 04:23 PM
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Exclamation Laws Regarding Molestation Prosecution! (Urgent need help)

Can somebody please tell me what the statute of limitations is for a molestation case. My friend whom most know was molested for two years (from the age of 4 to 6) and she is now 18 and a half. She has thought that it is too late to get the son of a bitch prosecuted, but I was under the impression that it can still be brought to court.

Am I wrong? Can somebody please tell me how long people have to report such atrocities?
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Old 09-19-2008, 04:57 PM
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Ducy; When did she figure it out? I believe if she is 18 she can now have it prosecuted herself as an adult especially if she did not tell her parents as a child or did not recall.

Also, just call your local state police & ask them, the DA's office, or the sexual abuse hot-line. They vary in states & it may have to do with the state either of his domicile or where it occurred [the statute of limitations]. Also find out for a civil suit...they will vary.
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Old 09-19-2008, 04:58 PM
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That would depend on the county/state (USA) that it happened. I suggest looking it up in local law or calling a lawyer. It might be lifetime.
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Old 09-19-2008, 05:01 PM
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That would depend on the county/state (USA) that it happened. I suggest looking it up in local law or calling a lawyer. It might be lifetime.
I do not think it's the lifetime since, I am nearly certain, it's only on death. But her time of recalling the incident and age [now of majority] will be considered.
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Old 09-19-2008, 05:34 PM
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Yeah by some coincidence I was actually just researching statute of limitations today and came upon something called 'time of discovery'-if a wrong occurred but was unknown for a time the statute starts at discovery and may be a different period of time. Call Legal Aid in your area-they can hook you up with lawyers who will consult for as little as $25/half hour-or at least in my state they do and I would think it would be the same in Cali. (long story how I know all that lol)
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Old 09-19-2008, 05:44 PM
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Yeah by some coincidence I was actually just researching statute of limitations today and came upon something called 'time of discovery'-if a wrong occurred but was unknown for a time the statute starts at discovery and may be a different period of time. Call Legal Aid in your area-they can hook you up with lawyers who will consult for as little as $25/half hour-or at least in my state they do and I would think it would be the same in Cali. (long story how I know all that lol)
Taking Civil Law??? Good stuff huh?
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Old 09-19-2008, 06:10 PM
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Lets just say I spend much of my days trying to research and answer many different types of questions that come at me from many directions LOL
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Old 09-19-2008, 06:51 PM
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It may also depend on the degree. Touching with above the clothes, touching while dressed yet under the clothes, touching above the waist, touching below the waist. If there was penetration was it with a finger or penis.
I watch way to much Law and Order, there was a case like this recently. A felony has a longer time to be prosecuted.
Also with a child having a memory come back, it may be from when they first started to remember. There is also the fact that if people were aware from when this was happening covering it up or other charges may be available. And even though this person may not be able to prosecute, there may be other cases out there that can. All you can do is try.
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Old 09-19-2008, 07:38 PM
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Ducy Read:

http://www.smith-lawfirm.com/California.html
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Old 09-19-2008, 10:07 PM
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google A.C.L.U. they offer free legal help and will provide you with a lawyer for free, i don't remember the number but they can help you, i hope you the best of luck
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