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  1. #1
    Join Date
    May 2018
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    1

    Default Can You Press Charges as an Adult for Childhood Molestation

    My question involves criminal law for the state of: New Jersey

    I was molested at the age of 12 in 1981. According to NJ law, there are no statutes of limitations. Even though there aren't any, can I still press charges? I know my molester is currently on lifetime parole due to 2 recent molestation charges on a minor. Thanks.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    23,903

    Default Re: Molested in New Jersey

    Well, you can file a police report. You cannot press charges - only law enforcement can do that. But 37 years after the fact, I'm not sure how much evidence you expect there to be.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,000

    Default Re: Molested in New Jersey

    Further, your understanding of the law is incorrect. The statute of limitations is only 5 years. There's an exception for sexual abuse of minors that perhaps extends that to age 23 of the victim, but we would seem to be past that as well.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Molested in New Jersey

    There are two different provisions that potentially extend the statute of limitations. Under NJSA Sec. 2C:1-6(a), "A prosecution for any offense set forth in... N.J.S.2C:14-2... may be commenced at any time." Under subsection (4), "A prosecution for an offense set forth in N.J.S.2C:14-3 or N.J.S.2C:24-4, when the victim at the time of the offense is below the age of 18 years, must be commenced within five years of the victim's attaining the age of 18 or within two years of the discovery of the offense by the victim, whichever is later".

    As the victim here was under the age of thirteen: If the act of sexual abuse involved penetration, then it can be charged under NJSA 2C:14-2(a)(1) and no statute of limitations applies. If the offender is at least four years older than the victim, an act of sexual contact can be charged under NJSA 2C:14-2(b) and no statute of limitations applies.

    If you report the acts to the police, the police will investigate the allegations and, ultimately, they and a prosecutor will determine if there is a sufficient case to warrant bringing new charges.

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