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  1. #1
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    Default Can Somebody Molested as a Child Press Charges as an Adult

    My question involves child abuse or neglect in the State of: CALIFORNIA....A friend told me she was molested by a blood Uncle when she was 8yrs.old. She told her parents and they believed her but "swept it under the rug" and nothing was done. In fact he still comes to family functions! She is 35 now. If she goes to the police can he still be arrested and charged crimmanly? And if so how does she prove her accusation to put him in jail so he can't do it again?

  2. #2
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    Default Re: Molestedcas Kid Can She Press Criminal Charges Now As an Adult

    Quote Quoting Tracey LeeAnn Franco
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    My question involves child abuse or neglect in the State of: CALIFORNIA....A friend told me she was molested by a blood Uncle when she was 8yrs.old. She told her parents and they believed her but "swept it under the rug" and nothing was done. In fact he still comes to family functions! She is 35 now. If she goes to the police can he still be arrested and charged crimmanly? And if so how does she prove her accusation to put him in jail so he can't do it again?
    I am pretty certain that its long past any statute of limitations if she is 35 now.

  3. #3
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    Default Re: Molestedcas Kid Can She Press Criminal Charges Now As an Adult

    Quote Quoting Tracey LeeAnn Franco
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    My question involves child abuse or neglect in the State of: CALIFORNIA....A friend told me she was molested by a blood Uncle when she was 8yrs.old. She told her parents and they believed her but "swept it under the rug" and nothing was done. In fact he still comes to family functions! She is 35 now. If she goes to the police can he still be arrested and charged crimmanly? And if so how does she prove her accusation to put him in jail so he can't do it again?
    The SOL has looooooong since passed. He cannot be charged or arrested at this point even if he confessed to the act.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  4. #4
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    Default Re: Molestedcas Kid Can She Press Criminal Charges Now As an Adult

    Darn... Thank you for your answer though

  5. #5
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    Default Re: Molestedcas Kid Can She Press Criminal Charges Now As an Adult

    She had until age 26, eight years after reaching the age of majority, in CA. If she only recently remembered the molestation that would be different, but that's not the case since she told her parents long ago.

  6. #6
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    Default Re: Molestedcas Kid Can She Press Criminal Charges Now As an Adult

    Quote Quoting Bubba Jimmy
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    She had until age 26, eight years after reaching the age of majority, in CA. If she only recently remembered the molestation that would be different, but that's not the case since she told her parents long ago.
    Eight years is the CIVIL statute of limitations.

    For a criminal act - depending on the specific nature of the abuse - it can be as high as age 28. Alternatively, if the act was a form of "substantial sexual conduct", the police were never notified, and there is some form of "independent evidence" that corroborates the crime, then a crime can still be reported. A statement to parents is not likely to meet that burden, and it is almost certain that the parents will be called upon to testify for the defense that they never reported it because they did not believe her at the time.

    That being said, the friend can TRY to report it to the local police under the assumption that a statement to the parents is "independent evidence," but, I wouldn't expect them to act on it and I would seriously doubt that anything could come of it. I have never ever seen or heard of such a case as that go forward, FYI.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  7. #7
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    Default Re: Can Somebody Molested as a Child Press Charges as an Adult

    Thank you

  8. #8
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    Default Re: Can Somebody Molested as a Child Press Charges as an Adult

    If she is still bothered by what happened, she should seek counseling. In that way she can control her personal response and how she addresses it, and won't be relying on anyone else to try and bring her some form of closure.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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