Child Molestation More Than 7 Years Ago

[Starr510]

My question involves criminal law for the state of: Georgia I am now 34 and could not speak of what happened to me as a child due to fear. I am trying to find out the statue of limitations on child molestation in Georgia. Any help is appreciated. I do not have proof other than my little brother was molested as well and he will testify so. I also suffer from a personality disorder that stems from the abuse and severe depression. All of this is on record and has been since 2007. No charges have ever been filed because I was not sure if I could at this point.

[aardvarc]

The SOL is long expired for both criminal and civil cases.

For sexual offenses against victims Under Age 18 : Prosecutions for crimes punishable by life imprisonment or by death, and felonies committed against victims under age 18 may be brought within 7 years. § 17-3-1(b)-(c). Misdemeanors must be prosecuted within 2 years. § 17-3-1(d). Even with the allowable SOL delay, you only had until age 25: prosecutions for cruelty to children, rape and statutory rape, sodomy, child molestation, enticing a child for indecent purposes, and incest of a victim less than 16 years old do not begin to run until the victim reaches that age or reports the crime, whichever is earlier. § 17-3-2.1. The only exception to these limits is that there is no SOL IF the identity of the accused is based on DNA evidence, which doesn't exist in this case.

On the civil side, the SOL starts ticking when the victim turns 18 and lasts 5 years, so by age 23. While the state Supreme Court has not directly ruled on whether injury resulting from sexual abuse is such an injury, the Court of Appeals for the 11th Circuit, applying Georgia law, has held that it is not. (M.H.D. v. Westminster Schs., 172 F.3d 797, 804 (11th Cir. 1999)).

Keep working on your therapy and regaining power over your life. Best wishes.

[Starr510]

Thank you. Not to disregard what you have stated, but the prosecutor and the district attorney want to proceed with this case. I do not know the laws but they did not hesitate to want to pursue and investigate. There is other ways to prove this crime other than dna at this point. I encourage anyone who gather courage to step forward and check into this yourself. Don't take no for an answer.

[Dogmatique]

They're actually going against the law?

Would you care to share with us?

[aardvarc]

Somehow within 48 hours the crime was reported, turned over to the DA, and the DA is proceeding?

WANTING to pursue the case, and actually being ABLE to pursue the case are not the same thing. I'm sure they want to pursue all such cases, but alas, the SOL limitations are pretty clear.