Results 1 to 5 of 5
  1. #1
    Join Date
    Jan 2008
    Posts
    2

    Default Statute Of Limitations For Child Abuse in California

    I am 29 years old. I was severely beaten and abused as a child by my mother as were my sister and brother (26 and 24). The abuse subsided for the most part when we each reached the age of 15-17. For me most of the memories were repressed, until recently. My sister has very clear memories of it. My question is, is there any recourse still available. I don't think jail is necessarily right for her as I believe that she could be easily listed as clinically insane, but is there a way to force an evaluation base on the things she did to us back then if she has received no counseling, continues to abuse drugs and alcohol (presumibly she is self medicating), and is still prone to violent outbursts but simply has no one to beat up anymore?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,415

    Default Re: Cqalifornia - Statue Of Limitations For Child Abuse

    Quote Quoting acdsc
    View Post
    I am 29 years old. I was severely beaten and abused as a child by my mother as were my sister and brother (26 and 24). The abuse subsided for the most part when we each reached the age of 15-17. For me most of the memories were repressed, until recently. My sister has very clear memories of it. My question is, is there any recourse still available. I don't think jail is necessarily right for her as I believe that she could be easily listed as clinically insane, but is there a way to force an evaluation base on the things she did to us back then if she has received no counseling, continues to abuse drugs and alcohol (presumibly she is self medicating), and is still prone to violent outbursts but simply has no one to beat up anymore?
    "Repressed" memory recall is NOTORIOUSLY unreliable. But, it's a rather moot issue as there is likely no chance of a prosecution or civil action.

    If the abuse was not sexual in nature, then the statute of limitations against you has long since passed.

    If you have knowledge of current crimes, you can call the police and report her.

    - Carl
    **********
    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

  3. #3
    Join Date
    Jan 2008
    Posts
    2

    Default Re: Cqalifornia - Statue Of Limitations For Child Abuse

    Quote Quoting cdwjava
    View Post
    "Repressed" memory recall is NOTORIOUSLY unreliable. But, it's a rather moot issue as there is likely no chance of a prosecution or civil action.

    If the abuse was not sexual in nature, then the statute of limitations against you has long since passed.

    If you have knowledge of current crimes, you can call the police and report her.

    - Carl
    Okay, well i said repressed but that was for me.. my siblings were not so fortunate and my question was inclusive of them. The youngest is 24 and our most important question pertains to what can be done? BTW Carl have you ever been forced to eat your own vomit? Had your head put through drywall at 10 years old, which you were then forced to repair? Maybe some sensitivity could be included with your hard facts as well as some qualifications?

  4. #4
    Join Date
    Feb 2007
    Posts
    2,031

    Default Re: Cqalifornia - Statue Of Limitations For Child Abuse

    Quote Quoting acdsc
    View Post
    Okay, well i said repressed but that was for me.. my siblings were not so fortunate and my question was inclusive of them. The youngest is 24 and our most important question pertains to what can be done? BTW Carl have you ever been forced to eat your own vomit? Had your head put through drywall at 10 years old, which you were then forced to repair? Maybe some sensitivity could be included with your hard facts as well as some qualifications?
    Carl is a officer in a California Police Dept. He is one of the most accurate posters on this forum. He may not have been abused as a child, but you can be assured he has seen abused children far too often in his line of work. And some of those children were not fortunate enough to live to 29. If you wanted sensitive advice www.drphil.com is the site you should have gone to.

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,415

    Default Re: Cqalifornia - Statue Of Limitations For Child Abuse

    Quote Quoting acdsc
    View Post
    The youngest is 24 and our most important question pertains to what can be done?
    If solely physical abuse, that ship has likely sailed. However, there MIGHT be elements that can be prosecuted, but this will depend upon the totality of the circumstances. You and your siblings will need to speak to an investigator in the agency of jurisdiction to see if some event is still able to be prosecuted. I suspect that the chances are slim, but there are certain acts that might be able to be prosecuted until age 28.

    BTW Carl have you ever been forced to eat your own vomit? Had your head put through drywall at 10 years old, which you were then forced to repair?
    Nope. I haven't. But neither have you experienced some of the things I have ... fortunately, my "demons" occurred at the hands of others and NOT my parents.

    Maybe some sensitivity could be included with your hard facts as well as some qualifications?
    If you want hand holding, you can speak to a therapist - something I strongly recommend even if no prosecution is possible. Your question concerned possible recourse and I answered that. I do not see anywhere in my post where I was insensitive to any suffering you may have gone through. You asked for the facts, I provided them. I am supervise my agency's investigations unit and work with sex crimes with some frequency. I stand by my statement that "repressed memory" recollections are unreliable, and they usually collapse on the stand as they tend to be brought out by overly suggestive methods on the part of the therapist. Thus, any statements you make on the stand that came about AFTER this therapy will likely be highly suspect at trial. If your siblings had full recollection of their suffering, they should have reported it years ago ... if they were cowed or too afraid to do so then they should certainly look to do so now. It might not gain them anything, but it might ... again, depending on the details of the abuse and what crimes can be articulated.

    Proof is the hard part.

    And, of course, in addition to counseling for all of you, you might consider consulting a civil attorney as well. A successful civil suit requires a lower burden of proof than a criminal prosecution ... though, I suspect that the SOL has likely expired on that one as well.

    Good luck.

    - Carl
    **********
    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

    1. Sponsored Links
       

Similar Threads

  1. Child Abuse: What's the Statute of Limitations on Child Abuse
    By MrReal in forum Abuse and Neglect
    Replies: 4
    Last Post: 02-23-2011, 10:00 AM
  2. Child Abuse: Is There a Statute of Limitations on Child Abuse
    By heather handy in forum Abuse and Neglect
    Replies: 1
    Last Post: 04-26-2009, 08:20 PM
  3. Sex Offenses: Child Abuse Statute of Limitations
    By earthdragon80 in forum Criminal Charges
    Replies: 4
    Last Post: 01-21-2009, 01:27 PM
  4. Initiation of Charges: Statute of limitations for child abuse
    By michelle2698 in forum Criminal Procedure
    Replies: 11
    Last Post: 07-11-2006, 04:47 PM
  5. Initiation of Charges: Child Abuse Statute of Limitations
    By bradte20 in forum Criminal Procedure
    Replies: 3
    Last Post: 12-08-2005, 09:54 AM
 
 
Sponsored Links

Legal Help, Information and Resources