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Statute of Limitations on Childhood Sexual Abuse

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  • 10-01-2008, 02:34 PM
    AMPd
    Statute of Limitations on Childhood Sexual Abuse
    My question involves criminal law for the state of: California

    I had a question concerning the state laws of sexual assault in the state of California, and if there is a time limitation, or if I can take any action at all really. During my childhood (from 7-13) My uncle abused me. He never forced actual intercourse but he did force many sexual acts. I'm almost 21 now, and I've been a pretty emotionally closed person, which I blame on the abuse, but I just recently moved back to the town in which this was happening, causing me to have a sort of mental break and break down emotionally. I decided I wanted to press charges but i heard it would be near impossible to get anykind of conviction since it did happen quite a while ago. I dont have physical evidence but I do have few witnesses. I told his wife (my aunt whom i was living with at the time) and she explained that she needed his money to keep her kids off the street. Later that day he told me if i told he'd kill himself causing my aunt to be homeless and abandoned. He would also blackmail me into willingly going with him places by threatening my cousins whom he beat often. If i was there he wouldnt beat them. Being young i believed all of this. The abuse stopped when i was 13 when i attempted to kill myself. There are few medical reports, and ive spoken to few doctors about the early on abuse but again was told the limitation was probably already passed. Is there anyone out there with some advice or answers for me? Thanks in advance.~~~AMP
  • 10-01-2008, 11:13 PM
    cdwjava
    Re: Question
    He probably can be prosecuted if a case can be made ... and there are a number of ways to make a case like this - including through witnesses such as the aunt you described, as well as any friends or other family members you might have made aware of this series of events over the years.

    Depending on the nature of the acts, you may have until you are 28 to report this to the police and have it prosecuted.

    Do not expect a prosecution to solve your issues - you will need to seek professional help for any problems you might have regardless of the outcome of the police investigation. And, like you recognize, it will no be an easy case to make ... but, it is NOT impossible.

    Speak to a sex crimes investigation in the law enforcement agency where this happened.

    - Carl
  • 10-02-2008, 12:47 AM
    Sillychilifry
    Re: Question
    Quote:

    Quoting AMPd
    View Post
    My question involves criminal law for the state of: California

    I had a question concerning the state laws of sexual assault in the state of California, and if there is a time limitation, or if I can take any action at all really. During my childhood (from 7-13) My uncle abused me. He never forced actual intercourse but he did force many sexual acts. I'm almost 21 now, and I've been a pretty emotionally closed person, which I blame on the abuse, but I just recently moved back to the town in which this was happening, causing me to have a sort of mental break and break down emotionally. I decided I wanted to press charges but i heard it would be near impossible to get anykind of conviction since it did happen quite a while ago. I dont have physical evidence but I do have few witnesses.


    I actually just met a social worker today about the same kind of thing. She said in every state, you have 6 years from the time you were 18 to press charges on sexual assault from any time period you were sexually assaulted as a minor. She said the more ongoing the abuse was, the more charges, and witnesses also help a lot.

    Even if you don't get him put away, he will still probably have to become a registered sex offender, and other girls he might have done the same thing to might speak up against him when you speak up, or sometime in the future. So either way, trying to press charges will be better than doing nothing at all.

    Hope my 2 cents worth helped some.

    Silly
  • 10-02-2008, 12:59 AM
    cdwjava
    Re: Question
    Quote:

    Quoting Sillychilifry
    View Post
    I actually just met a social worker today about the same kind of thing. She said in every state, you have 6 years from the time you were 18 to press charges on sexual assault from any time period you were sexually assaulted as a minor. She said the more ongoing the abuse was, the more charges, and witnesses also help a lot.

    I doubt that's true. It varies by state and depends on the specific type of offense. The OP is in CA and many such offenses have a 10 year SOl from the time of their 18th birthday. It really depends on what happened.

    Quote:

    Even if you don't get him put away, he will still probably have to become a registered sex offender,
    If he is not "put away", he won't have to register. Well, I suppose it IS possible to get probation for child molestation, but I seriously doubt that would happen.

    Quote:

    and other girls he might have done the same thing to might speak up against him when you speak up, or sometime in the future. So either way, trying to press charges will be better than doing nothing at all.
    True. Victims sometimes come out of the woodwork when these things come to light.

    - Carl
  • 10-02-2008, 02:58 AM
    Sillychilifry
    Re: Question
    Hmm well that is interesting. I'm glad I came here too, because I need to know this stuff as well, since I am starting the process. Thank you for your corrections, Carl, I am in Hawaii, but it happened to me in California and Nevada, and the perp lives in Nevada. So I am a bit confused about the different laws in different states.

    I do know someone who had an old neighbor of theirs who abused them registered as a sex offender. He never went to jail but he still had to be registered, I think it was because he was so old. I'm not sure on the details about that, though.

    It is a good thing that we're being strong and taking them to court. Lots of sickos get away because no one wants to ever do anything about it, lots of victims feel too guilty and/or scared.

    Silly
  • 10-03-2008, 05:28 PM
    AMPd
    Re: Statute of Limitations on Childhood Sexual Abuse
    I wanted to thank you all for your help. I'm currently talking to the police and I give an official statement later next week. The only problem im seeing is they're going to have me call him and try to get him to confess but I don't know if I can do it. Because of the age I was and the nature of the act I really tried to block it out so I can't remember a majority of the things done or specific dates. Not sure im ready for him to admit to things I don't want to remember.
  • 10-03-2008, 05:31 PM
    cdwjava
    Re: Statute of Limitations on Childhood Sexual Abuse
    It's called a pretext call and they will help walk you through some of the things they will need you to get from him.

    This is a very common way to help build a case ... though, it has some risks. But, I'll not bore you with the problems that could result, just encourage you to do the best you can.

    - Carl
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