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  1. #1

    Post Statute of Limitations for Child Molestation in Georgia

    My question involves criminal law for the state of: GEORGIA
    Daughter was 12 when an aunt fondled her genitals. My daughter says it happened many times and Aunt says only once. Daughter is now 28, Aunt has moved out of state, is it too late to press charges?

  2. #2
    Join Date
    Nov 2006
    Posts
    367

    Default Re: Statute of Limitations for Child Molestation in Georgia

    http://blog.laborlawtalk.com/2006/10...itations-laws/

    There seems to be no statue of Limitations for aggravated Child Molestation in Georgia. She can still contact the police in the jurisdiction that the molestation happened in and file a charge.

  3. #3

    Default Re: Statute of Limitations for Child Molestation in Georgia

    It'll depend on the SOL that was in place THEN, not necessarily what the SOL is NOW.

    If there is any possibility that a case would be pursued, a police report would need to be filed in each jurisdiction where the incident(s) took place. It'll be up to the DA to do the legwork to determine what charges might be possible and how SOL issues might or might not support the bringing of a case. (A key will be if they can determine if it is AGGREVATED or not, depending on what exactly happened).

    Now, let's look at it realistically: is there ANY evidence? I don't mean physical evidence of the molesting, obviously after all this time there's nothing - but are there letters, emails, conversations with witnesses, or SOMETHING for the DA to present to a jury? Is the aunt willing to both come BACK into the state AND give a full confession?

    If not, the DA has little with which to bring a case, and, if she's out of state, even the issuing of a warrant won't typically produce any result; so long as she STAYS out of the state.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    Fave Big Bang Theory site: Sheldon Cooper Fans

  4. #4

    Default Re: Statute of Limitations for Child Molestation in Georgia

    Thanks Nite_Rider, the link you sent me to says, if it is a felony and the victim is under 18, only 7 years on the SOL, if its a misdeameanor only 2 years, does this mean we are done?

    Thanks AARD,
    The Aunt confessed to the one incident of fondling, but we forgave her and moved on until now, she has not done anything my daughter is just still angry about it. The question still remains am I reading the SOl correct and this is not able to be pursued?

  5. #5

    Default Re: Statute of Limitations for Child Molestation in Georgia

    No one should ever assume, regardless of what is in print in statutes, that a case cannot be pursued. The determination cannot be accurately known until the victim makes an actual report to police of EXACTLY what happened, action for action. For most felonies, yes, the statute of limitations, which didn't start for the child victim until she turned 18, HAS already passed. However, there are SOME very specific charges that have NO statute of limitations. If the state can bring any of THOSE charges, the SOL issue becomes mute and prosecution can proceed (again, assuming that any warrant isn't going to be a federal level pick up, which would mean even BEST case scenario, the aunt would have to willingly return to the state before any prosecution could concievably begin).

    Ultimately, the odds are VERY low that your daughter will get any form of relief via conviction at this point and under these circumstances. Not that it couldn't happen, but convictions on such crimes are exceedingly rare this long after the fact (evidence problems), and, this case has additional complications of statute of limitations issues and the offender being outside the immediate reach of the victim's state law enforcement. I don't tell you that to discourage her from reporting the crime against her, only to give a realistic outlook.

    You should also see some relative comments from this post: (from a different state, but the second half addresses issues for victims who are now adults seeking to address crimes from their childhoods)

    http://www.expertlaw.com/forums/showthread.php?t=82492
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    Fave Big Bang Theory site: Sheldon Cooper Fans

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